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> GOVERNANCE - home > Employment protection legislation database - EPLex > Italy

Italy - Substantive requirements for dismissals


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Obligation to provide reasons to the employee: Yes
Remarks:
  • 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
Remarks:
  • 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
Remarks:
  • 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
Remarks:
  • - 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).


+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • 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
Remarks:
  • 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
Remarks:
  • 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
Remarks:
  • - 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).


+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • 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
Remarks:
  • 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
Remarks:
  • 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
Remarks:
  • - 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).


+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • 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
Remarks:
  • 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
Remarks:
  • 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
Remarks:
  • - 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).


+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • Art. 2 Act 604/1966: if requested by the worker within 15 days from the notification.


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • 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; race; sex; sexual orientation; religion; political opinion; age; trade union membership and activities; disabilities; parental leave; participation in a lawful strike; adoption leave
Remarks:
  • 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
Remarks:
  • - 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).


+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • Art. 2 Act 604/1966: if requested by the worker within 15 days from the notification.


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • 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; race; sex; sexual orientation; religion; political opinion; age; trade union membership and activities; disabilities; parental leave; participation in a lawful strike; adoption leave
Remarks:
  • Art. 15 Act 300/1970, as amended by art 13 A 903/1977 .
    Art. 3 Act 604/1966
    Art. 1 Act 7/1963
    Art. 54 Act 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
Remarks:
  • - Worker's representatives: there is a limited protection in art. 28 Act 300/1970 (workers' statute) which provides for specific simplified procedure for reinstatement following unfair dismissal.
    - Pregnant women, women on maternity leave, women with family responsibilities: see L 1204/1971 on the protection of working mothers. According to art. 2, 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.
    See also Leg. Decree No. 151 of 26 march 2001, art. 54:
    - Workers on paternity leave equally benefit form 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).


+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • Art. 2 Act 604/1966: if requested by the worker within 15 days from the notification.


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • 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; race; sex; sexual orientation; religion; political opinion; age; trade union membership and activities; disabilities; parental leave; participation in a lawful strike; adoption leave
Remarks:
  • 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
Remarks:
  • - 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).