ITALY Law and Practice Contributed by: Angelo Zambelli, Barbara Grasselli and Alberto Testi, Zambelli & Partners
• the pro-rata amount of the supplementary monthly salary (if any). The above amounts are paid on top of the indemnity in lieu of notice (if due by the employer). There are no specific procedures to be followed for Dismissal for “just cause” occurs when a situation aris - es that makes it impossible to continue the employ - ment relationship, even temporarily. The applied NCBA usually provides some examples of reasons for dismissal that can be considered a “just cause”. Gross misconduct would normally include theft, seri - ous insubordination, unfair competition, disclosure of trade secrets, unjustified and repeated absences, as well as any other behaviour which undermines the fiduciary relationship with the employer. The employer must follow the procedure provided by Article 7 of the Workers’ Statute, namely: • provide the employee with a letter describing the defaults committed by the employee; • await the justifications, if any, which are to be pro - vided by the employee within five days (or a longer timeframe set out in the applicable NCBA); and • serve the dismissal letter. the payment of the above indemnities. 7.3 Dismissal for (Serious) Cause The dismissal is effective from the day on which the disciplinary procedure commenced, and the employ - Termination agreements usually include waivers from both parties. The agreements leading to termination of the employment relationship by mutual consent of the parties are admissible, on condition that the settle - ment is signed in front of a trade union, labour council or labour court. Furthermore, according to Article 2113 of the Italian Civil Code, where the subject matter of the waivers/ settlement concerns the individual’s employment rights arising from mandatory provisions of law or collective agreements or arrangements relating to ee is not entitled to a notice period. 7.4 Termination Agreements
the employment relationship, such waivers will be invalid unless the agreement is signed before one of the competent above-mentioned bodies. If not signed before such bodies, the waivers/settlements can be challenged by the employee within six months from: • the date of termination of the employment; or • from the date of the settlement if signed post-ter - mination of employment. The employer does not have to offer the employee consideration in exchange for: • agreeing to enter into a settlement; or • in order to obtain an effective waiver of claims/ withdrawal from initiated litigation. However, this is very common in practice as an incen - tive to obtain the employee’s consent to the agree - ment. 7.5 Protected Categories of Employee The main protected categories of employees have been outlined below. • Mothers and pregnant women: Women cannot be dismissed from the beginning of the pregnancy until one year after childbirth; a dismissal within this period would be null and void unless: (a) the employer has completely ceased its activ - ity; (b) there is gross misconduct; or (c) the termination is due to an unsuccessful pro - bationary period or the expiry of a fixed-term contract. • Marriage: The above protection also applies to women in the period from the day of the public notification of marriage until one year after the mar - riage. • Women: A company cannot make redundant a per - centage of women higher than the percentage of women employed in the job category concerned. • Disabled employees: The dismissal of a disabled employee is voidable if, at the time of termina - tion, the number of remaining disabled employees is less than the quotas prescribed by law for this category of employees.
325 CHAMBERS.COM
Powered by FlippingBook