Procedural requirements for individual dismissals - Italy - 2017
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- 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
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 »
Notification to the worker to be dismissed: written
- 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.
- The length of the notice period is normally governed by collective agreements according to the employee's length of service and category.
See also art. 2118 CC.
Pay in lieu of notice: Yes
Notification to the public administration: Yes
- Since 2012, pursuant to Art.7, Law 604/1966 as amended by Art. 1.40 of Act 92/2012, employers with more than 15 employees (or five in the agricultural sector) in one production work unit, or more than one in the same municipality, and employers employing more than 60 workers wherever located, have to notify public bodies (Direzione Territoriale del Lavoro) when a dismissal for justified objective reason is contemplated, in order to attempt an amicable settlement between the parties.
Art. 7.4 of decree 76/2013 specified that this does not apply to dismissal connected to absence for work because of illness or injury or to other similar cases.
Notification to workers' representatives: No
Approval by public administration or judicial bodies: No
Approval by workers' representatives: No