LAW DECREE “MILLEPROROGHE”: DEADLINES INTRODUCED BY THE SO CALLED “COLLEGATO LAVORO” ARE POSTPONED

With the approval by the Senate of the Law Decree “Milleproroghe”, deadlines for dismissal challenges are postponed. In fact, the provision approved by the Senate states that, “for the first enforcement”, the new rules concerning the deadline of 60 days for dismissal challenge become effective starting from December 31, 2011, instead of November 24, 2010 – when Law no. 183/2010 (so called “Collegato Lavoro”) came into force. The declared purpose of the legislator consists in “freezing” for 2011 the new deadlines provided for by “Collegato Lavoro” referred to dismissals (60 days for termination challenge and 270 days for the filling of the claim) and for fixed-term contracts, continuative collaboration contracts, secondments, transfer of undertaking, staff leasing. Therefore, the previous rules will be applied, according to which dismissal must be challenged out of court within 60 days, but the impugnation will be uneffective if the employee does not file the claim to the labor judge in the following 270 days. Fixed term contracts which terminate in the period included between the final approval of the Law Decree "Milleproroghe" and December 31, 2011, will not be subject to the aforesaid deadlines (60 and 270 days). On the contrary, these terms are effective for fixed term contracts expired before the coming into force of the so called "Collegato Lavoro" (November 24, 2010) and those one that should have been challenged within January 24, 2011.