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Italy - Procedural requirements for individual dismissals

Procedural requirements for individual dismissals - Italy - 2017    

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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.

Notice period:
  • 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

    • Art. 2118 Civil Code

    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