Civil Code, Book 5, 1942, as amended by the Legislative Decree No. 82 of 15 June, 2015 (Codice Civile - available only in Italian) Date: 15 Jun 2015; view website » (view in NATLEX»)
Act No. 300 of 20 May 1970 on Workers' Protection, also known as the Workers' Statute, as last amended by Legislative Decree 14/09/2015 (Statuto dei Lavoratori - available only in Italian) Date: 14 Sep 2015; view website »
Act No. 604 of 15 July 1966 on Individual Dismissals, as amended by Act 108 of 1990 (Norme sui licenziamenti individuali - only in Italian), as last amended by Act 92/2012 and Decree No. 76 of 2013 (http://www.gazzettaufficiale.it/eli/id/2013/06/28/13G00123/sg) Date: 28 Jun 2013; view website »
Act No. 108 of 1990 on Individual Dismissals (Disciplina dei licenziamenti individuali - only in Italian) Date: 11 Sep 1990; view website »
Act No. 223 of 1991 (regulates collective dismissals) (Norme in materia di cassa integrazione, mobilitÓ, trattamenti di disoccupazione, attuazione di direttive della ComunitÓ europea, avviamento al lavoro ed altre disposizioni in materia di mercato del lavoro - available only in Italian) as last amended by Act 82/2012 Date: 18 Jul 2012; view website »
Legislative Decree No. 368 of 2001 on fixed-term work (Decreto legislativo attuazione della direttiva 1999/70/CE relativa all'accordo quadro sul lavoro a tempo determinato concluso dal'UNICE, DAL CEEP e dal CES - available in Italian only)as amended by Act No. 247 of 2007 and last amended by Act No. 92 of 2012, Decree No. 76 of 2013, and Decree No. 34 of 2014 ( http://www.gazzettaufficiale.it/eli/id/2014/3/20/14G00046/sg) Date: 24 Mar 2014; view website »
Legislative Decree No. 75 of 25 May, 2017 Date: 25 May 2017; view website »
Law No. 81 of 22 May, 20017 on Smart-work and Autonomous Work Date: 22 May 2017; view website »
Legislative Decree No. 179 of 2012 on Further urgent measures for the economic growth of the Country (Decreto-Legge 18 ottobre 2012, n. 179. Ulteriori misure urgenti per la crescita del Paese. Date: 18 Oct 2012; view website »
Legislative Degree No. 81 of 2015 on Organic Regulations of Employment Contracts and Revision of the Norms Concerning Labour, in Accordance with Article 1, Paragraph 7, of Law No. 183 of December 10, 2014 Date: 10 Dec 2014; view website »
JOBS ACT, (Law No. 183, from 10 December, 2014), under which the following legislative decrees were brought: Legislative Decree No. 22 of 4 March, 2015 on the reform of the unemployment, available at: http://www.gazzettaufficiale.it/eli/id/2015/3/6/15G00036/sg Legislative Decree No. 23 of 4 March, 2015 on the contracts and increasing protection, and the reform of the penalties in the cases of illegal termination, available at: http://www.gazzettaufficiale.it/eli/id/2015/03/06/15G00037/sg Legislative Decree No. 80 of 15 June 2015 on the reconciliation of the work-life balance, available at: http://www.gazzettaufficiale.it/eli/id/2015/06/24/15G00094/sg , available at: http://www.gazzettaufficiale.it/eli/id/2015/06/24/15G00095/sg Legislative Decree No. 81 of 15 June, 2015 on the new standards on para-subordinate cooperation, on tasks (modifies art. 2103 of the Civil Code) on reorganization of the non-standard types of work (repealed Legislative Decree 368/2001 on termination of employment, repealed Decree 167/2011 on Apprenticeship and introduced many amendments to Legislative Decree 276/2003), available at: http://www.gazzettaufficiale.it/eli/id/2015/06/24/15G00095/sg Legislative Decree No. 148 of 14 September, 2015, available at: http://www.gazzettaufficiale.it/eli/id/2015/09/23/15G00160/sg Legislative Decree No. 149 of 14 September, 2015 on the reform of Inspection Activities (Labour Inspection), available at: http://www.gazzettaufficiale.it/eli/id/2015/09/23/15G00161/sg, available at: http://www.gazzettaufficiale.it/eli/id/2015/09/23/15G00161/sg Legislative Decree No. 150 of 14 September, 2015 of labour services and active policies, , available at: http://www.gazzettaufficiale.it/eli/id/2015/09/23/15G00162/sg Legislative Decree No. 151 of 15 September, 2015, on long distance contracts and termination and hiring of the people with disabilities, and the protection of safety and health at work (modifies art. 4 of zhe Law 300/1970 (control and long distance) and Legislative Decree 81/2008 (safety and health), available at: http://www.gazzettaufficiale.it/eli/id/2015/09/23/15G00164/sg Date: 10 Dec 2014; view website »
Legislative Decree No. 175 of 19 August, 2016 Date: 19 Aug 2016; view website »
Obligation to provide reasons to the employee: Yes
Art. 2 Act 604/1966 as amended by art. 1.37 of the Act 92/2012.
As from Act 92/2012, reason of termination must be provided within the termination letter when the termination letter is served. Before Act 92/2012, the employee could request the justification within 15 days from the notification and the employer had 7 days to reply.
Valid grounds (justified dismissal): any fair reasons
A dismissal is unfair unless it is for a just cause (no notice required) or a justified motive (notice required) See art. 1 and 3 Act 604/1966 and art. 2119 CC.
Under art. 2119 C.C., 'just cause', in broad terms, requires very grave conduct which, when evaluated both subjectively and objectively, constitutes a serious and irremediable reason that prevents the parties to continue the employment relationship even on an interim basis. Whether such a breach has occurred would normally have to be determined ultimately by a court, taking all relevant factors into account. Justified reason is defined as a very significant breach of contract made on the side of the employee (subjective justified reason) as well as ; or reasons inherent in the production process, the organization of work or the smooth running of the undertaking (objective justified reason) (sec. 3, Act 604).
Prohibited grounds: marital status; pregnancy; maternity leave; family responsibilities; filing a complaint against the employer; race; sex; sexual orientation; religion; political opinion; age; trade union membership and activities; disabilities; exercise of a right; parental leave; participation in a lawful strike; whistle blowing; adoption leave
Art. 15 and Art. 18 Act 300/1970, as amended by Law 92/2012 . Art. 3 Act 604/1966 Art. 35 Legislative Decree 198/2006 Art. 54 Legislative Decree 151/2001 Art. 18 (1) Act 53/2000.
Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers with family responsibilities
- Worker's representatives: there is a protection in art. 28 Act 300/1970 (workers' statute) which provides for specific simplified procedure for reinstatement following unfair dismissal. Specific remedies are also provided under Art. 18 Act 300/1970
- Pregnant women, women on maternity leave, women with family responsibilities: see Legislative Decree 151 of 2001 on the protection of maternity and paternity. According to art. 54, dismissal is prohibited form the beginning of the pregnancy and up to a maximum of one year after the birth of the child. This prohibition does not however prevent an employer for dismissing a female employee in the event of serious misconduct (just cause) or in case of cessation of the activities of the employer.
- Workers on paternity leave equally benefit from the protection against dismissal. (note however that under Italian law, a worker is entitled to paternity leave in limited situations: death of the mother, serious disability or abandonment by the mother or exclusive custody of the child to the father).
- The prohibition of dismissal has also been extended to cover adoption leave (up until one year after the child has entered the family).