The main purpose for the article is to analyse the slow emergence of dismissal during Italian liberal age (1865-1914). First of all, the Author aims to demonstrate how modern legal categories have been advocated by the intuitions of ordinary courts already in the second half of 19th Century. A role, however, disavowed by historiography of labour law. According to the Author, while the reactionary Civil Code of 1865 was in force, doctrine didn’t make way, not providing relevant inputs to the construction of dismissal legal category. Civil courts, instead, went on to deal increasingly with labour issues, taking several steps toward a modern system, before Probiviri’s development in labour law system and the 20th century reforms, such as a notice period of termination and remedies against wrongful termination of contract.
Keywords: Dismissal; Liberal age (1865-1914); Civil Code of 1865; Doctrine; Case law; Probiviri.