Tag Archive for: Italy

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;
• bankruptcy;
• 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.

Article by Federico Allavelli

The Legislative Decree 127/2021 extends the application of the green certification to the private companies.

When

From 15 October 2021 and until 31 December 2021 (current deadline for the end of the state of emergency).

Who

Anyone who works in the private sector, in any capacity, including on the basis of external contracts.

Exception

Subjects exempt from the vaccination campaign on the basis of suitable medical certification.

Object

Obligation, for the access to the workplace, to possess and exhibit, upon request, the green certification.

Employers

They are required to verify the green certification.

They must define, by October 15, 2021, the operating procedures for organizing the controls.

Consequences

If workers communicate that they are not in possession of the green certification when entering the workplace, they are considered unjustified absent until the aforementioned certification is presented.

No disciplinary consequences.

Right to keep the employment relationship.

For the days of unjustified absence, no salary or other remuneration or emolument, however called, is due.

Companies with fewer than 15 employees

After the fifth day of unjustified absence, the employer can suspend the worker for the duration corresponding to that of the employment contract stipulated for the replacement, in any case for a period not exceeding 20 days.

Employees sanctions

From 600 to 1,500 Euros.

Without prejudice to the disciplinary consequences according to the respective sector regulations.

Employers sanctions

From 400 to 1000 euros, doubled in case of reiteration of the violation.

Without prejudice to any criminal consequences.