Categories: Insights

23 Dec 2010

The “in progress” exchange of the selection criteria concerning the workers to be suspended for “CIGS” is forbidden (Court of Cassation, no. 25140/2010)

The Court of Cassation decided that it is forbidden to modify “in progress” the selection criteria concerning the workers to be suspended for “Cassa Integrazione Guadagni Straordinaria”. In fact, the redundancy fund, in case of corporate restructuring, reorganization or company crisis, is authorized by the Labor Ministry after a plan approval and the company reason evaluation concerning the exclusion turnover mechanism. Therefore, during the redundancy fund is not allowed, also if specific trade union agreements occur – with the sanction of the whole procedure redundancy fund invalidity – to determine a variation of the selection criteria concerning the workers to be suspended with the abandonment of the original ones provided for in the plan and, on the contrary, the concomitant adoption of different, not rational and not adequate selection criteria compared to the integrated cause. The selection rules could be modify with an extension decree only which verifies the compatibility of the change to the plan.      
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