Who does it apply to the protection of reintegration
The severance payment is changed due to the effect of the entry into force of the Jobs Act the legislative decree n. This reform applies to workers who, starting from seven in march have been assumed, to those that had the transformation of the employment contract by the determined indeterminate, for apprenticeship and for those who has ceased a contract of employment and it has established a new oneLet's see in detail what and how it changed the severance payment, the duration (changed due to the effect of the decree of Dignity), and as it is now up to the worker who is dismissed for reasons of discrimination, for just cause or for justified reason, and by companies with less than fifteen employees and in collective dismissals. We remind you that from the six of march, leave the questions for the citizen's income for those who have been fired unintentionally. New indenntià of dismissal for justified objective reason: this type of termination occurs when a firm has for reasons related to internal organization of the work, the dismissal of staff due to an economic crisis of the company, its termination or the elimination of certain tasks which was assigned to the worker without the possibility of relocation to other assets in the company or compatible with the grade level of the employee in the case in which the service is outsourced.
In this case, the worker also has the right to perceive the unemployment NASPI if it has the requirements.
However, if the dismissed employee challenges a dismissal and the Judge does not recognize the company with the objective justified reason, because, for example, the employer wanted masked with this justification the dismissal was for personal reasons, trade union or specious, to order that the employment relationship is declared extinct, and may order the employer to pay compensation without the recognition of social security contributions. Before the entry into force of the Jobs Act, seven march, and for contracts already in existence at that date, the lack of objective justified reason instead provides the same protection dismissal is discriminatory for the make-up compensation.
In the light of the new legislation on the work, remain unchanged, and the provisions for layoffs laid out by the employer to entry without written notice, in the case in which the cause is attributable to the discrimination, individual or collective with respect to the fundamental rights of man as guaranteed by our Constitution such as the equality and social equality, race, sex, language, and health.
Not included in the meaning of the dismissal is discriminatory, the age or the health condition of pisco-a worker's physical as long as do not affect eligibility requirements to job performance, and health conditions of family members on the basis of which the employee receives permission law.
Other cases of nullity is expressly established by the Italian law concern the dismissal of a woman worker because of marriage, pregnancy or because the mother pursuant to art. and the dismissal unlawful for lack of the reason for the disability psycho-physical fitness of the worker. In all cases of discrimination, invalidity or not in writing, the dismissal is deemed illegitimate by the Judge who ordered the immediate reinstatement of the worker in the work place and condemns the employer to pay compensation. Such compensation consists of the payment of not less than five months of salary, calculated on the basis of the last salary from the day of dismissal up to the time of actual reinstatement for the payment of contributions. To all the dismissed workers including businesses with fewer than fifteen employees and are excluded from this legislation, the executives, for their continue to apply as stipulated by art. Dismissal for just cause occurs when the employee takes or has taken a behavior that is so severe as to prevent the continuation of the employment relationship, and, safe, however, when the behavior is significant from the point of view of discipline but not so serious as the cause, i.e, without notice to you speaks of dismissal for subjective justified reason.
eighteen paragraphs, two, and three of the workers Statute
What it is up to the worker if the Court does not consider it so serious the reason for the dismissal for just cause. In this case, the Judge declares the extinction of the contract and the employer is sentenced to pay an indemnity but without the payment of contributions social security and welfare. What is the responsibility if the Court considers the dismissal unlawful. From the moment that the fact that the challenged material does not exist, we implement the “protection, real-attenuated' that consists in the possibility for the worker to choose between being reinstated in the place of work, or have an indemnity equal to fifteen months. the employer, instead, is condemned to the compensation of the wages that are the responsibility of the worker from the moment it was fired until the actual reintegration the social security contributions for no more than twelve months.
The compensation for dismissals in enterprises with less than fifteen employees have a measure different from that used for larger companies, in fact, in the case of established unfair dismissal and the consequent withdrawal of the employment relationship, the extent of the compensation due to the dismissed worker can get, up to a maximum of six months.
For layoffs, discriminatory, null and void, or in oral form, is expected, as for larger firms, the reintegration in the place of work. In the case of collective Redundancies are deemed by the court illegitimate for violation of the procedures and criteria established by Law of, the workers entitled to a remuneration that varies from a minimum of four to a maximum of twenty-four months. For collective dismissals not notified in writing is required instead of the make-up in the workplace. An example of a collective dismissal may be the one implemented by the employer for economic reasons, according to which proceeds with the reduction of staff, a restructuring of production or a definitive closure of the company.
