Italian Freezing Of Redundancies: Still Uncertainties

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