Guide - Employment
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3.2 DISSOLUTION OF EMPLOYMENT
3.2.1 HOW DISMISSAL OCCURS
Foreign workers have the same treatment of Italian workers for what concerns dissolution of employment.
Dismissal (of any type) must be communicated in written form. Worker, within 60 days from communication, if he/she wants to appeal against dismissal, must contest it with any written act.
In case of dismissal for disciplinary reasons, sanction must be preceded by written objection of deficiency, following which worker has 5 days time to supply his/her own justifications.
Particular cases excepted (directors, domestics, professional sportsmen...), dismissal of employer must be supported by justified reason or cause, that is of a so serious deficiency that it cannot allow prosecution, even temporarily, of work relation. In case dismissal occurred for justified reason, it is worker's right to have a period in which contract is still applied and during which worker may search another occupation. In case obligation notice is not respected, employer must pay a substitute indemnity.
When a company with more than 15 workers (for staff reduction or company transformation) dismisses more than 5 workers in 120 days, it is the case of collective dismissal. In these cases special procedures are provided, in which trade unions are to be involved.
Whatever the cause of dissolution of work relation, worker always has the right to a Trattamento Fine Rapporto (TFR: end of relation treatment), that consists in a yearly reserve fund of a quota of retribution, periodically revalued, the payment of which is differed to the moment of dissolution of work relation. In some particular cases (health expenses or purchase of first house) a part of this sum may be forwarded to worker employed in major companies.
In case of dismissal, it is advisable to enquire at trade unions or with a solicitor specialised in these matters.
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3.2.2 DUTIES OF THE EMPLOYER
Employer must communicate end of working relation instituted previously with foreigner, within 5 days to the Direzione Provinciale del Lavoro that had issued working authorisation. Same communication must be made to Police Headquarters that had issued residence permit.
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3.2.3 DISMISSAL PROHIBITION
The law considers void (that is as if it never occurred) a dismissal on the grounds of political belief or religious faith, belonging to a trade union or participation to trade union activities. This, obviously, whatever is the "formal" motivation of employer.
Dismissal of worker because pregnant or in Puerpery", that is the beginning of gestation till one year from birth of child is void. In the case employer had no knowledge of state of pregnancy, dismissal can be contested within 90 days, upon presenting gestation certificate. Dismissal for cause, end of company activity, expiry of term contract, for negative result of trial are exceptions.
Dismissal of workers within period between marriage publication and year successive to marriage is void, except hypothesis afore mentioned. Also in these cases dismissal can be contested within and not over 60 days from written or oral communication from employer.
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