Selection criteria for collective redundancies?


Question by: Cleros De luca | Last updated: September 25, 2021

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The criteria for identifying the workers to be fired are dictated by collective agreements or, failing that, again by law 223/1991, which dictates the following list: family loads; length of service; technical-productive and organizational needs.

What is the discipline of collective redundancies?

The 1991 law provides, in art. 5, paragraph 3, that collective dismissal is vitiated when it is communicated without observing the written form, when the procedures pursuant to art. 4 and in case of violation or incorrect application of the selection criteria.

How do collective redundancies work?

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 can a collective dismissal come?

During a company reorganization or crisis program, if the company is unable to secure a new job for the suspended workers, not even by resorting to alternative relocation measures, it can resort to the collective redundancy procedure.

What are the dismissal criteria?

223/1991, must respect two general principles: that of non-discrimination (dismissals not based on trade union, religious, political reasons, etc.) and that of rationality (the presence of a causal link between company needs and dismissal from put in place).

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How many days are the notice given for dismissal?

In the event of dismissal, for the employment relationship with a commitment exceeding 24 hours a week, the notice must be: 15 calendar days, up to five years of seniority with the same employer; 30 calendar days, over five years of seniority with the same employer.

What is due in the event of dismissal?

After the dismissal, in fact, the worker is entitled to the severance pay, ie the liquidation, which amounts to approximately one month’s salary for each year worked at the company; the accruals of the additional months are then due (thirteenth and, if due, fourteenth), the liquidation of leave and holidays not taken and, if the …

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 is the indemnity for non-notice determined?

In the case of wages made up in whole or in part of variable elements such as commissions, production bonuses, shareholdings, the indemnity for non-notice is calculated on the average of the emoluments of the last three years of service or the shorter service time provided .

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 …

What are the justified objective reasons?

In particular, the crisis of the company, the cessation of the activity or even the loss of the tasks to which the worker is assigned constitute a justified objective reason, without it being possible to relocate him to other existing duties in the company and compatible with the his level of employment.

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 much is the allowance in lieu of notice?

If the party who intends to terminate the employment relationship does not respect the notice period, he is required to pay the counterpart an indemnity in lieu of the same, equal to the wages that the worker would have received if he had worked during the notice.

How much does it cost to fire a permanent employee 2021?

For 2021, the amount of the dismissal ticket cannot exceed € 1509.90 (€ 503.30 x 3 years), if the length of service achieved is at least 36 months. The same amount of the contribution, therefore in full measure, is also due to the worker hired for an indefinite period but with a part-time contract.

What happens if the company fires an employee?

The company will have to pay the dismissal ticket to INPS in the event of the dismissal of an employee with a permanent contract, for just cause or failure to transform the apprenticeship contract into a permanent contract.

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.

What does the employer pay in case of dismissal?

The dismissal ticket is the contribution that the employer must pay to INPS in the event of the termination of permanent employment relationships that give the right to NASpI. … The ticket is also due in the event of dismissal following a company collective agreement excluded from the covid redundancy block.

How much can you ask for a 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.

How to take unemployment If you quit?

As we have said, in general, the worker who resigns, or who resigns from the employment relationship, cannot take Naspi. An exception to this rule is the case of resignation for just cause [2].

How to resign from a fixed-term contract?

The request will be sent to the employer via PEC and to the Territorial Labor Inspectorate. To keep in mind, in addition to checking the correctness of the data entered, you must select the option “resignation for just cause” then indicating the day on which you send them and your last shift in the company.

How are the days of notice for metalworkers resignations calculated?

Notice of resignation of metalworkers

  1. VI ° and VII ° Professional category: 2 months’ notice;
  2. IV and V professional category: 1 month and 15 days notice;
  3. II ° and III ° Professional category: 10 days notice;
  4. 1st professional category: 7 days notice.

What happens if no notice of dismissal is given?

What happens if you resign without notice? In the event of immediate resignation without notice, the worker must compensate the employer for an indemnity provided for precisely the failure to comply with the notice.

What is the non-notice allowance?

This is a sum of money that corresponds to the salary that would have been due to the worker in the notice period that was not respected.

Who can’t fire?

Layoffs are on hold until October 31 in the fashion and textile industry. Companies in the sectors in which the redundancy block has been overcome and cannot benefit from the CIGS, can access the CIGD for 13 weeks, until 31 December 2021, without additional contribution, with prohibition on dismissal.

Who can be fired from July 1st?

Therefore from 1 July the majority of manufacturing and construction companies will be able to lay off. b) For companies that have up to 5 employees and those of commerce, services and tourism, or companies that use the cig in derogation or the FIS, layoffs remain prohibited until October 30th.


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