Unlawful temporary lay-off without the previous communication to the trade unions (Court of cassation, labour section, n. 11254/2010)

The labour section of the Court of Cassation stated that the company communication concerning the reduction of the work activity is not enough to trigger temporary lay off of the workforce. The employer, in fact, may give to trade unions the chance to assess previously, to agree on the election criteria of the employees to lay off and to check the possibility to apply the so called “turnover” of employees suspended from working. In case of lack of this requirement, the employees hit from such measure could obtain the reinstatement of the employment relationship and the payment of the full and not integrated wage. For the Supreme Court, the aforementioned discipline is aimed to the tutelage both of collective and public interests, and of those one of the employees whom may be guaranteed the same treatment.

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