EUROPEAN LAW: COLLECTIVE REDUNDANCY OF MANAGERS (IL SOLE 24 ORE, 26 OCTOBER 2014, P. 19)

The European law, which was just adopted by Parliament, has taken into account the judgment of the Court of Justice of the European Union of last 13 February (Case C-596/12), where the Court held that Law 223/1991 was invalid to the extent that is excluded the obligation to comply with the procedure for staff reductions with respect to managers. Accordingly, art. 24 of Law 223/1991 will be amended, providing in particular for the formal inclusion of managers among the staff to be calculated for the purposes of determining the applicability of the collective procedure. The Union law had, in fact, specified that managers are counted both for calculation of the five workers that the company plans to make redundant and for calculation of staff that determines whether the threshold of 15 workers is exceeded.