Categories: Insights

17 Jan 2013

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.
Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

3 Aug 2026

Pay Transparency: the first requests from employees are starting to arrive (Il Sole 24 Ore, 3 august 2026 – Vittorio De Luca)

Two months after the decree. Since Legislative Decree 96/2026 came into force on 7 June, according to a flash survey conducted by GIDP, 8% of HR directors have…

Read more
30 Jul 2026

Corporate controls and data protection: what balance?

A recent judgment of the Court of Pisa, No. 800 of 13 June 2026, addresses a topic of particular interest for companies: the delicate balance between the protection…

Read more
30 Jul 2026

Unfair dismissal and reinstatement: the employee must repay the payment in lieu of notice

With order no. 22187 of 28 June 2026, the Italian Supreme Court addressed the issue of whether payment in lieu of notice paid to an employee must be…

Read more
30 Jul 2026

Did you know that… an employee’s natural incapacity does not prevent the time limit for challenging a dismissal from running?

In judgment no. 23486 of 18 July 2026, the Joint Chambers of the Italian Supreme Court (i.e. “Corte di Cassazione”) held that the natural incapacity of an employee…

Read more
22 Jul 2026

An employee may not steer clients toward a competitor before resigning (Camera di Commercio Francese in Italia, 22 July 2026 – Vittorio De Luca, Silvia Zulato)

With Order No. 1723 of 26 May 2026, the Italian Supreme Court (Corte di Cassazione) confirmed the liability of an employee who, prior to the termination of his…

Read more
20 Jul 2026

Access to Naspi (Top24 Lavoro Ai – Il Sole 24 Ore, 20 July 2026 – Vittorio De Luca e Alessandra Zilla)

Regulatory Framework  The New Social Insurance for Employment (NASpI), introduced by Legislative Decree No. 22 of 4 March 2015, is the primary income support scheme for employees who…

Read more