ITALY Law and Practice Contributed by: Michela Bani, Alessandro Paone and Giacomo Bertelli, NIUS Legal and HR Solutions
Discriminatory Dismissal An employee who has been subjected to discrimina - tory dismissal is entitled to so-called full reinstatement protection, which obliges the employer to: • reinstate the employee in their job position; • pay the employee compensation equal to the sal - ary accrued from the date of dismissal to the date of actual reinstatement, minus any amounts the employee may have earned through other employ - ment during this period; and • pay the social security and welfare contributions for the entire period between the dismissal and the reinstatement. In terms of effects, the law also equatesdiscriminatory dismissal with: • dismissal given in connection with marriage; • dismissal issued in violation of the prohibition on termination in relation to maternity and paternity protection; and • dismissal linked to other cases of nullity provided for by law or dismissal based on a motive deter- mined unlawful pursuant to Article 1345 of the Italian Civil Code. Protection for Marriage or Parenthood The law protects female workers against dismissals due to marriage or during maternity in order to safe - guard the family role of women. Therefore, the dis - missal of a female worker is prohibited from: • the beginning of the pregnancy period until the child reaches one year of age; and • the day of the request for marriage banns until one year after the marriage celebration. The prohibition of dismissal from the beginning of leave until the child reaches one year of age also applies to the working father who takes leave during the first three months following the child’s birth in the absence of the mother (severe infirmity, death, aban - donment or exclusive custody granted to the father). During these periods, dismissal is permitted only in the following cases: • gross misconduct constituting just cause;
• cessation of the company’s activity; • completion of the work for which the employee was hired or termination of the employment con - tract upon the expiration of its term; or • unsuccessful probation period. Outside these cases, any dismissal given during the protected period is null and void. Also notable is Law No 903/1977, which prohibits any discrimination based on sex in relation to access to work – regardless of the method of hiring and regard - less of the sector or branch of activity – at all levels of the professional hierarchy. Furthermore, the Code of Equal Opportunities between Men and Women prohibits discrimination in the workplace based on sex, especially with regard to the protection of preg - nant workers or those on maternity leave. Law No 205/1993 is also worth mentioning, as it prohibits any form of racial, ethnic, religious or nationality-based • Law No 125/1991, which promotes equal oppor - tunities in the workplace and promotes policies to reduce the disparity in treatment between men and women, particularly in professional and salary matters; and • Law No 67/2006, which prohibits any discrimi - nation against people with disabilities and also applies in the workplace (and in employment rela - tionships). Mobbing or Bullying In the Italian legal system, there is no specific regu - lation dedicated to the phenomenon of mobbing or bullying. However, several laws that protect workers’ health, safety and well-being allow the identification of oppressive conduct as previously described, in order to allow protection in such situations. At the constitutional level, the following provisions can be relevant: discrimination in the workplace. Other laws worth citing include: • Article 2 of the Italian Constitution, which affirms the central and primary value of the individual, both as a person and as a member of society;
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