Licenziamento (dismissal by the employer)

Dismissal by the employer (Licenziamento) is a legal procedure governed by Italian employment law. It can have a significant impact on the employee, so it is important to know your rights, your obligations and the ways you are protected.

Grounds for dismissal by the employer (Licenziamento)

In Italy there are clearly defined grounds on which an employer may terminate an employee’s employment contract:

• These may include unjustified absence, failure to perform your duties and serious breaches of the rules of conduct at work (for example insulting colleagues or superiors, aggressive behaviour and so on).
• Important: the employer must provide evidence of how serious the breaches were and how they affected the work.

Economic reasons (Licenziamento per giustificato motivo oggettivo)

• These are grounds linked to staff cuts, company reorganisation or financial difficulties that make it impossible to keep the employee on.
• Important: the employer must prove that the dismissal is necessary for the company’s economic survival or restructuring.

Unfitness for duties (Licenziamento per inidoneità)

• When the employee can no longer perform their duties because of illness, disability or other physical limitations.
• Important: before deciding to dismiss, the employer must try to adapt the working conditions or find the employee another suitable position.

End of a fixed-term contract

• If the employee works on a fixed-term contract, employment can end when the contract expires, with no obligation to renew it.

Employees’ basic rights when dismissed by the employer

• The employer must notify the employee in writing and in advance of the intention to dismiss them, stating a clear reason and the date of dismissal.
• The notice period depends on the type of contract and length of service with the company.

Right to severance pay (Indennità di licenziamento)

• An employee dismissed for economic reasons or because the company is insolvent is entitled to severance pay. It is calculated on the basis of salary and length of service.
• Important: the amount of severance pay may vary depending on the circumstances of the dismissal and the terms of the contract.

Right to challenge the dismissal

• The employee may challenge the dismissal in court or through the labour inspectorate (Ispettorato del Lavoro) if they believe their rights have been violated.
• Important: the deadline for challenging a dismissal is 60 days from receipt of the notice.

Protection against unlawful dismissal

• In Italy a dismissal that does not meet the legal requirements can be declared unlawful. In that case the employee may be offered reinstatement or compensation for lost earnings.

Benefit after dismissal (NASpI)

• The employee may be entitled to unemployment benefit (NASpI) if the dismissal was for reasons beyond their control (for example staff cuts or the closure of the company).

Dismissal procedure

• A dismissal must always be made in writing. The notice must give clear grounds, stating the reason and the date.
• For domestic workers it is important to state the exact number of days’ notice required under the contract or current law:

· If the employee has worked less than 5 years, the notice period is 8 days.

· If the employee has worked more than 5 years, the notice period is 15 days.

• All documents relating to the dismissal (dismissal letter, severance calculation, etc.) must be signed by the employee and kept in case they are needed for a challenge.

Payments and final settlement

• The employer must make all settlements and payments within the time limits set by law, including pay in lieu of unused holiday and other amounts due.

Specific points for Ukrainian workers in Italy

• Ukrainian workers who have received temporary protection in Italy have the same rights as Italian citizens regarding conditions of employment and dismissal. They are also entitled to all types of social benefits if they are dismissed.

Language support

• If the employee does not speak Italian, they are entitled to an interpreter during important communications with the employer, particularly during the dismissal process.

Support from trade unions and organisations

• There are trade unions and organisations that provide legal and social assistance to Ukrainian workers. They can help with legal advice, translating documents and challenging an unlawful dismissal.

Other important points

• Type of contract: the dismissal procedure differs for employees on fixed-term and permanent contracts.
• Keep your documents: the employee should keep all documents relating to the dismissal, as they may be needed in court proceedings or to challenge the dismissal.
• Advice: before a dismissal or during a dispute with the employer, it is advisable to consult a lawyer or a trade union to protect your rights properly.

Conclusion

Dismissal by the employer in Italy is a complex process governed by clear legal rules that protect workers’ rights. Ukrainian workers in Italy have the same rights as Italian citizens and can use the available protections in the event of wrongful dismissal.

It is important to understand the grounds for dismissal, such as serious disciplinary breaches, economic reasons, unfitness for duties or the end of a fixed-term contract. Knowing about the right to notice and severance pay and the possibility of challenging a dismissal is essential for legal protection.

Because Italy has a system of social benefits, Ukrainian workers can count on financial support if they are dismissed. So, to avoid difficulties and protect their rights effectively, workers should keep all their documents, consult lawyers and trade unions, and know what support is available to them, including when there is a language barrier.