“Fiducia” e libertà della persona nel licenziamento motivato dai così detti comportamenti “extra lavorativi”

Inspired by a recent judgment of the Supreme Court, the paper analyzes through a critical approach the Italian case-law on the termination of the employment contract for use and trade of drugs by the employee, which, through the use of the ambiguous notion of "trust", emphasizes the ethical social disapproval of such behaviors in order to verify the legitimacy of the dismissal. According to the author, the so-called “extra working behaviors” are capable of justifying the dismissal only where they constitute a “significant breach” of the work obligation, whose content is to be determined by the court on grounds of a precise identification of the contractual provisions, as established by the parti