Under the Italian system, an employment relationship may be terminated after the
trial period due to:
- the company or worker ending the working relationship because the
interested party has exceeded the period for which the job has been kept
open and any waiting period and also because of permanent disability paid on
the basis of the law on disability insurance and old age benefits
- the company ending the working relationship with a female or male worker
over the age of sixty in possession of pension entitlement, provided he or
she has not opted to continue working under the terms of current law
- the company ending the working relationship for a justifiable reason or
for just cause
- the working relationship being ended by the male or female worker for just
cause
- dismissal
- death
To safeguard the worker, the employer must notify the worker of dismissal for
just cause and justified reason in full compliance with the formalities and
procedure established by law. Within 60 days following receipt of a notice of
dismissal, workers may make an appeal by filing a petition against such action
at the Court of a labour magistrate (Pretore del Lavoro) or by attempting to
obtain a settlement with the support of a trade union or the provincial labour
commission (Direzione Provinciale del Lavoro)
Withdrawal without a just cause or a justified reason results in the
obligation on the part of employers who have up to 15 staff to reintegrate
workers (obligatory protection) in their former status of employment or to
re-employ them, establishing a new working relationship. In the case of
employers with more than 15 staff, a declaration of illegitimacy of the
termination of a contract results in an order to reinstate workers in their
former status of employment with the same position and duties (real
protection).
When withdrawing from the employment contract, each of the parties to the
agreement is bound to give notice in accordance with the terms and procedures
laid down in the collective agreements under the terms of art. 2118 of the
Italian civil code. If no notice is given, the party withdrawing from the
agreement is bound to pay the other party compensation equivalent to the amount
of salary that would have been paid for the notice period.
Useful references: civil code (art. 1325 – Employment contract; art. 2096
– Trial period; art. 2118 – Notice; art. 2119 – Just cause).
Law 604/66; Law 300/70; Law 108/90: Individual dismissal
Text last edited on: 02/2007
Source: European Union
© European Communities, 1995-2006
Reproduction is authorised.
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