DLP Insights


Categories: DLP Insights, Legislation

06 Jan 2012
The rules for challenging a dismissal changed: the suspension established by the Law Decree no. 255/2010, so called “Milleproroghe”, which postponed the coming into force of the deadline introduced by art. 32 of the so called “Collegato Lavoro”. First of all, the double terms for the disputes regarding terminations, introduced by the amendment of the first and the second paragraph of the art. 6 Law 604/1966, will start. The first term is just a confirmation: the new discipline states that the dismissal has to be challenged – under penalty of expiration – within 60 days starting from the receipt of the related communication with any writing deed, even if out-of-court, suitable to notify the willing of the employee. It has been added a second stage: the challenge is ineffective in the case the latter is not followed – within 270 days – either by the filing of the appeal in the court chancellery or by the notification of the settlement or arbitration claim to the counterpart. In the case of failure of the out-of-court procedure, the terms of filing of the appeal before the judge are reduced to 60 days. The new procedure applies to every case of unlawfulness and ineffectiveness of dismissal but not only: art. 32 extended the rules set for individual dismissals based on just cause and justified ground to employees so called “temporary”.

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