E&M

2019/3

Elena Gramano

Dismissals in Italy: Regulations and Good Practice

Dismissal is a delicate moment in the life of a worker, who suffers from the employer’s decision to end the agreement between them. But it is also a delicate moment for a Company, whose functioning is based on human capital and must therefore handle its relationships with its employees appropriately, even in the most difficult phases.#Dismissal is surrounded by a series of limits, of both a substantive and a formal-procedural nature, with which the employer should be acquainted in order to handle the final stage of the relationship correctly, and to avoid risks of dispute.

We can identify two principal types of dismissal: i) dismissal justified by particularly serious conduct by the worker, sufficient to persuade the employer to withdraw from the agreement (a so-called disciplinary dismissal); ii) a dismissal depending exclusively on the employer’s organizational needs and therefore independent of the worker’s person, wishes, and competence.

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