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Italian Freezing Of Redundancies: Still Uncertainties

posted 3 years ago

Uncertainties remain on the future of the Italian freezing of redundancies.

The government is currently evaluating various hypotheses.

The “Decreto Sostegni”, currently, extends the prohibition on dismissal (paragraphs 9 and 10, art.8, DL 41/2021):

  • till June 30th 2021 for workers of companies with ordinary and extraordinary CIG (especially industry and agriculture)
  • till October 31st 2021 for workers of companies covered by instruments in derogation (especially tertiary sector)

The following are still excluded from the prohibition:

  • 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

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