Categories: Insights


25 Jan 2015

JOBS ACT: DUAL SYSTEM FOR LABOUR PROCEEDINGS (IL SOLE 24 ORE, 26 JANUARY 2015, PAGE 4)

When the new contract becomes effective with protection measures increasing with seniority, currently being discussed by parliamentary Commissions, there will be a dual system for labour litigation regarding dismissals. On one hand, for newly hired individuals with a long-term contract the arbitration procedure used in cases of dismissal for objective justified reason will no longer apply, nor the abbreviated trial procedure if the dispute turns into a lawsuit. Instead, both of these procedures will continue to be used for employees in companies with more than 15 employees, who were hired before the aforesaid decree became effective. Thus, if the text of the decree remains unchanged, in the future cases may occur where the same incident disputed by different workers will be judged with two separate cases, because they are subject to different trials, and with the application of different procedures.

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