LABOUR: CLARIFICATION ABOUT THE CONCILIATION FOR DISMISSAL FOR ECONOMICAL REASONS (Il Sole 24 Ore, January 17, 2013, page 13)

The Ministry of Labour has published the memorandum No. 3/2012 in which it has been clarified the new provision of Article 1, paragraph 40, of Law No. 92/2012, which modified Article 7 of Law No. 604/1966. The Ministry has clarified that dismissals due to maximum period of sickness overcoming are not included in the mandatory conciliation procedure. Furthermore, the terms provided for by the abovementioned procedure have to be considered as peremptory: therefore, the competent Authority (so called, “Direzione Territoriale del Lavoro”), which has received the communication of the employer, has to convoke the parties within the peremptory term equal to seven days starting from the date of communication receipt and the meeting before the competent commission has to be scheduled within the following twenty days. On the contrary, the employer can dismiss the employee.

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