Italian Freezing Of Redundancies: The Never Ending Story
Italian “Fiscal Decree” extends again the prohibition of dismissal until 31 December 2021 (Article 11, Legislative Decree 146/2021).
Not generalized but intended only for companies that use the social bumpers provided and only for the relevant period:
- Employers who access ordinary and ‘cassa in deroga’ check (Maximum thirteen weeks; No additional contribution);
- Employers with ATECO code 13, 14 and 15 (Maximum nine weeks; No additional contribution).
In any case, while the block is in effect, it is always possible to terminate the employment relationship in the following cases:
- corporate collective agreement;
- expansion contract;
- reinstatement for change of contract;
- definitive termination of the company’s business (which does not involve the transfer of a company or one of its branches);
- just-cause dismissal;
- dismissal for disciplinary reasons;
- dismissal for exceeding the grant period of illness;
- dismissal for failure to pass the probationary period;
- dismissal for reaching age for the use of the old-age pension;
- dismissal for unfitness for duties;
- dismissal of the domestic worker;
- dismissal of the manager (even if a recent jurisprudential orientation is contrary);
- the termination of the apprenticeship at its expiration date;
- consensual employment terminations and resignations for just cause.