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Italian Freezing Of Redundancies: The Never Ending Story

posted 3 years ago

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.

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