Italian “Decreto Sostegni”: the Freezing of Redundancies has been extended. What can be done

blocco dei licenziamenti decreto sostegni-c072a639

Italian “Decreto Sostegni” (DL 41/2021) extends the prohibition on dismissal:

  • till June 30th 2021 for workers of companies with ordinary and extraordinary CIG (especially industry and agriculture)
  • till October 31st 2021 for workers of companies covered by instruments in derogation (especially tertiary sector)

In this context, the solution of the corporate collective agreement is becoming increasingly important.

Among other things, in fact, the suspensions and foreclosures envisaged do not apply in the hypothesis of a company collective agreement, stipulated with the (comparatively most representative) trade unions at a national level.

This concerns an incentive to terminate the employment relationship limited to workers who adhere.

Also considering that these workers have the right to access the ‘Naspi’ treatment (unemployment indemnity), the tool is increasingly assuming a leading role in the current landscape.

The following hypothesis are also excluded from the prohibition:

  • expansion contracts
  • reinstatement for change of contract
  • bankruptcy
  • definitive termination of the company’s business (which does not involve the transfer of a company or one of its branches)
  • just-cause dismissal 
  • dismissal for disciplinary reasons
  • dismissal for exceeding the grant period of illness
  • dismissal for failure to pass the probationary period
  • dismissal for reaching age for the use of the old-age pension
  • dismissal for unfitness for duties
  • dismissal of the domestic worker
  • dismissal of the manager (even if a recent jurisprudential orientation is contrary)
  • the termination of the apprenticeship at its expiration date
  • consensual employment terminations and resignations for just cause