Aliunde Perceptum: what is it?

The Aliunde Perceptum Definition, in Labor Law, indicates the income accrued due to the loss of the original job, due to the unlawful dismissal.

In this case, the amount of compensation for damages deriving from unlawful dismissal must be deducted by the salary that the employee may have received from other employers with whom he has established an employment relationship after the dismissal.

Therefore, in case a claim for compensation is submitted, the burden of proof relating to the aliunde perceptum lies with the employer.

The Court of Cassation, with sentence no. 11122/16 clarified this circumstance by stating that "the employer who challenges the compensation claim has the burden of proving the aliunde perceptum or of the aliunde percipiendum. In this case, the non-cooperation of the employee expelled from the company, has no relevance.”

Difference between the aliunde perceptum and the aliunde percipiendum

As we have seen, aliunde perceptum refers to the period from dismissal to reintegration of the worker. If during this period the employee has worked in other companies and received a salary, the sum of the salaries received may be deducted from the compensation.

The aliunde percipiendum instead occurs when the worker has not given enough time to look for a new occupation.

Therefore, where the employee’ s inertia is demonstrated, the employer may request the reduction of the compensation indemnity provided for by art. 18 St.

In this case too, the burden of proof lies with the employer, who must therefore ascertain that the fired person has actually proved to be inert in the search activity of a new job.

In both cases, especially for the aliunde perceptum, the employer can ask the judge to order the employee to show the tax return or to obtain information from the social security institutions, but the survey must never be exploratory in nature, but based on concrete reasons.

Aliunde Perceptum: Burden of Proof to reduce compensation

The burden of proof of the Aliunde Perceptum is therefore up to the employer, who must prove in court the new employment found by the employee requesting to be reinstated and his income, in order to reduce the extent of the alleged damage.

To this aim, the company can avail itself of a specialized investigative agency.

Dogma carries out accurate investigations in order to prove the Aliunde Perceptum. Our investigators are able to find the evidentiary evidence useful for contesting the amount requested as compensation by the employee who, once illegitimately dismissed, received salaries from another employer.

By obtaining a complete picture of the employee's income sources after the dismissal, the employer can overcome the presumption of equivalence of the damage with the salary and thus reduce or completely cancel the employee's claim for compensation.

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