Procedures for contesting the dismissal (SUMMARY)
10 agosto 2020
In the event of dismissal deemed illegitimate, the employee must communicate by writing to the employer, within 60-days , his clear will to contest the dismissal and (in case of ineffectiveness), within the following 180 days, submit the appeal at the labor court or, as an alternative to the appeal, submit a request for an attempt to conciliation pursuant to article 410 et seq. of the C.C.P. (to the Territorial Labor Inspectorate).
It should be noted that the employer with the dimensional requirements referred to article 18, eighth paragraph, of Law no. 300/1970 (more than 15 employees, or more than 5 if it is an agricultural enterprise) who intends to dismiss a worker for an objective just reason, is required to transmit, prior to dismissal, a communication to the Territorial Labor Inspectorate and, in courtesy copy, to the employee to undertake an attempt to conciliation pursuant to article 410 et seq. C.C.P (mandatory attempt to conciliation).
This obligation does not exist if the employee:
- is an executive;
- was dismissed upon exceeding the protected period pursuant to Article 2110 of the Italian Civil Code;
- was dismissed at the end of a contract, if social or contractual clauses provide for its relocation to the new contractor, or at the end of a construction site or at the end of the work phase;
- was hired with a permanent contract with increasing protections (starting from 7 March 2015, pursuant to Legislative Decree no. 23 of 4 March 2015) or was hired before 7 March 2015 with a fixed-term contract which was subsequently converted to a permanent contract;
- was hired before March 7, 2015 by an employer without the dimensional requirements pursuant to article 18, eighth paragraph, of Law no. 300/1970 but, due to subsequent permanent hirings, has then met such requirements;
- was hired before March 7, 2015 with an apprenticeship contract and subsequently stabilized at the end of the training period;
- was dismissed as part of a collective dismissal (at least 5 employees) for which the different procedure referred to in article 24 of Law no. 223/1991.