Termination

Employers are reminded that under Legislative Decree 151/2015, an employee may only resign their employment on completion of appropriate online or printed forms issued to that effect by the Ministry of Labour and Social Policies …

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On March 7th 2015, the first part of the Jobs Act II came into force, significantly reforming the consequences of unfair dismissals …

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It is unlawful to dismiss anyone on grounds of political/religious belief, race, gender, marital status or language …

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Trattamento di fine rapport (TFR) is severance pay that must be paid by the employer upon termination of an employee’s contract even if they have resigned or if there is just cause for dismissal …

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Employees do not have the right to a reference from their former employer, merely a letter stating that they were employed between the relevant dates …

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Dismissal by redundancy (i …

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There are no statutory minimum notice periods …

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Certain employees who are made redundant in Italy have a right to be included on a ‘mobility list’ (redeployment list) …

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Executives (dirigenti) are not covered by normal dismissal rules …

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In order to be able to justify a dismissal on the grounds of poor performance, the employer must set personal targets to be achieved and parameters within which such targets are to be assessed, and then be able to demonstrate in due course that the employee has not achieved those targets …

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Article 7 of the Workers’ Statute (Act 300/1970) provides a procedure for handling disciplinary matters …

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When an employee is to be dismissed, the employer must inform the employee in writing and give details of the grounds for dismissal …

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Where the employer commits a fundamental breach of contract, such as failure to pay salary or national insurance contributions, the employee is entitled to resign without notice and claim constructive dismissal …

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Compromise agreements are common as an alternative to direct dismissal …

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The right to challenge a dismissal is set out in Law 183/2010 …

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