How do collective redundancies work?

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Question by: Matteo De Angelis | Last updated: September 25, 2021

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But how does collective dismissal work? The personnel reduction procedure foresees the involvement of the trade unions and, if necessary, also of the labor office. The objective of the law is to favor a possible trade union agreement that can mitigate the social impact of the layoffs.

When is the dismissal collective?

When the dismissal affects more than 5 employees in a given period of time, we speak of collective dismissal, a case specifically regulated by the law to protect the rights of those who lose their jobs.

How many people can be fired?

at least 5 dismissals in the 120-day period, within the same province, in the same cause of a reduction, transformation or cessation of business. (law 223/1991, art.

How do layoffs work?

300/1970 provides for the termination of the employment relationship with effect from the date of dismissal and condemns the employer to pay an all-inclusive indemnity determined between a minimum of twelve and a maximum of twenty-four months of the last total remuneration in fact.

Who decides the dismissal?

The assessment of the existence or not of a just cause for dismissal is up to the Labor Judge, who, in his decision, can only analyze and consider the facts that occurred up to the time of the communication of the dismissal or the reasons for the dismissal.

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How can an employee be fired for an indefinite period?

According to the law, an employee can be fired for an indefinite period in two cases: for just cause; for justified reason.

Dismissal for Unjustified Reason

  1. failure to comply with company directives (refusal of overtime or business trips);
  2. for negligent behavior;
  3. in the case of poor performance.

How does redundancy work?

What is meant by redundancy of staff? The redundancy of staff occurs in cases where the employer, for economic reasons, cancels the job for which the worker was assigned and, consequently, his / her stay in the company is no longer considered necessary.

What does disciplinary dismissal entail?

Disciplinary dismissal is the extreme sanction that the employer has at his disposal for the behavior of the worker who violates the rules of conduct established by law, by collective agreements and who does not respect the rules contained in the disciplinary code of the company.

How much does it cost the employer to fire an employee?

Measurement of the dismissal ticket

The contribution is equal to 41% of the maximum monthly NASpI treatment for each 12 months of company seniority within a maximum limit of 3 years. If the duration of the employment relationship is less than one year (12 months), the “ticket” must be reparametered to the actual months of work.

When can a permanent employee be fired in 2021?

The “compromise” solution reached by the Government in the Sostegni-bis Decree therefore confirms the outcome of the redundancies as at 30 June 2021 envisaged by the Sostegni Decree, converted by Law 21 May 2021, n. 69, for the recipient companies of the CIGO COVID-19.

How many months after dismissal?

indemnity protection from 12 to 24 months of the employee’s salary in the event of unlawful dismissal; indemnity protection from 6 to 12 months of the employee’s salary in the event of faulty dismissal due to formal and procedural errors.

When does the freeze on layoffs end?

The deadline of June 30th

The “freeze on layoffs” expires on 1 July 2021. That is the ban imposed on companies from firing employees due to the economic crisis caused by Covid 19. … From 1 July the ban lapsed, but with a whole series of limitations that make the provision less “hard”.

How many months in case of dismissal?

If the conditions for dismissal are lacking (just cause or justified reason), the employment relationship is terminated, but the worker is entitled to compensation equal to 2 months of the last salary (reference for the calculation of the severance pay) for each year of service, to an extent in any case not …

How to get a severance pay?

How do you get it

The severance pay is paid ex officio. The worker therefore does not have to submit any request to obtain the benefit. The amount due can be received by crediting the bank or postal current account or other electronic payment method.

How to apply for dismissal?

The resignation can be communicated to the employer according to the form indicated in the national collective agreement, most of the time with written change or e-mail; however, in order to be valid and effective, resignations must then be formalized electronically, using specific returned forms …

When can Covid be fired?

The hypothesis: ban carried from 30 June to the end of August

The fact. In the Sostegni bis decree, which arrives in the Council of Ministers on May 20, there is a rule that extends the blocking of layoffs, in large industry, until the end of August, for companies that apply for Covid cash by June 30.

How many contestation letters before the dismissal?

This means that disciplinary dismissal does not occur after three written warnings, but after the fifth sanction or third suspension occurred in the course of a year.

When does the dismissal for just cause start?

As sanctioned by the Supreme Court, the effective date of the disciplinary dismissal coincides with the day on which the violation was formally contested, i.e. from the date on which the worker received the letter that started the procedure. [2]. That must be considered the last day of work.

Who are the first to be fired?

The employer will choose for the dismissal, those with less seniority of service, with fewer family loads, and whose presence is not required by priority production or organizational needs.

How much time must pass before hiring after firing?

60 days before hiring an employee

On closer inspection, even if the law does not set a minimum deadline that the company must meet before being able to hire a new employee, at the end of the day this deadline is always at least 60 days.

How long does it take to hire after a layoff?

Generally speaking, there is no prohibition on hiring employees after a dismissal. In particular, the company is always allowed to hire personnel assigned to tasks other than those performed by the dismissed worker.

What are the reasons for dismissal for just cause?

Reasons for just cause dismissal

  • The worker refuses unjustified and repeatedly to perform the work.
  • Insubordination of the employee towards his superiors.
  • Violation of the non-competition agreement.
  • Incorrect use of permits pursuant to law 104/92.
  • False stamping of the card.

How many months of severance pay?

In summary: in the case of a company with more than 15 employees and an unjustified dismissal, the severance pay for dismissal can be high, even by 24 months. In case of solid dismissal with small companies, the severance pay for dismissal will be very low, one or two months.

What changes when the number of employees exceeds 15?

Company with more than 15 employees, what changes

But with halved allowances and in any case within the maximum limit of 6 months’ salary. … Oral dismissal, null or discriminatory: compensation equal to lost wages up to a minimum of 5 months and payment of contributions.

What is up to those who quit?

What is up to the employee in the case of pure and simple resignations. … First of all he must pay all the salaries that the worker has accrued up to that moment and not collected. Furthermore, in the event that the worker leaves during the month, he is entitled to the part of the month worked (5, 10, 15, 20 days depending on the case).

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