Termination

Terminating employment, notice periods, termination payments and rights to references.

Italy :: Resignation

Minister of Labour Decree published on 11 January 2016 sets out a way for employees to register their resignations, mutual terminations (or revocations) …

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Italy :: Unfair dismissal

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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Italy :: Special protection against dismissal

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

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Italy :: Severance payments

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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Italy :: References

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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Italy :: Redundancy and collective redundancy

Dismissal by redundancy (i …

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Italy :: Notice

There are no statutory minimum notice periods …

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Italy :: Mobilità

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

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Italy :: Dismissal of executives

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

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Italy :: Dismissal for poor performance

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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Italy :: Dismissal for misconduct

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

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Italy :: Dismissal

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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Italy :: Constructive dismissal

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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Italy :: Compromise agreements

Compromise agreements are common as an alternative to direct dismissal …

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Italy :: Challenging a dismissal

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

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