The dismissal of employees with permanent contracts is a very sensitive and current topic. This event represents a difficult time for both the worker and the company, which must justify the reasons for the dismissal. In this article, we will explore what the law provides in this regard, what are the reasons why a permanent employee can be fired, the dismissal procedure, the rights of employees in the event of dismissal, and how to prevent this possibility
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Table of Contents:
What does the law provide for the dismissal of permanent employees
In Italy, the dismissal of an indefinite employee is governed by the Consolidated Labor Law Act (TULL), which provides that the employer can proceed with the dismissal only under certain circumstances. First of all, the dismissal must be justified by a specific reason that must be communicated to the employee in writing. In addition, the dismissal must respect the principle of proportionality, that is, it cannot be disproportionate to the motivation that generated it. Finally, the dismissal cannot be discriminatory, that is, it cannot be motivated by reasons of gender, age, sexual orientation, religion, political or trade union membership
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The reasons why a permanent employee may be fired
The reasons why a permanent employee may be dismissed are established by law and can be traced back to two categories: objective and subjective motivations. The objective motivations concern corporate reorganization, the bankruptcy of the company, the closure of the business, the corporate restructuring and the cessation of the employee’s work activity. Subjective motivations, on the other hand, concern the employee’s behavior, such as the failure to achieve the set objectives, the lack of professionalism or the violation of contractual or disciplinary rules. In any case, the dismissal must always be justified and properly motivated to
avoid legal recourse.
The procedure for dismissing employees for an indefinite period
The procedure for dismissing employees for an indefinite period involves several stages. First, the employer must notify the employee in writing of his intention to dismiss him, indicating the reasons and methods of dismissal. Thereafter, the employee has the right to know the reasons for the dismissal and to file any disputes within a period of 60 days. In the event of non-conciliation between the parties, the employer must notify the dismissal by registered letter with notice of receipt. In addition, the employee is entitled to notice of dismissal, which varies depending on the length of service. Finally, the employee is entitled to severance pay and to a series of protections provided
by law.
The rights of permanent employees in the event of dismissal
Permanent
employees have rights protected by law in the event of dismissal. First, they are entitled to a notice of dismissal that varies according to their length of service and that allows them to organize for the future. In addition, they are entitled to a severance pay calculated on the basis of length of service and level of pay. Dismissed employees also have the right to unemployment, which is paid for a variable period depending on the length of service and the contributions paid. Finally, employees have the right to appeal against the dismissal, if they consider that it was unfair or unlawful, and they can claim compensation for any damage they may have suffered
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How to prevent permanent employees from being fired
To prevent employees from being fired indefinitely, companies can adopt different strategies. First, they can invest in the training and enhancement of their employees, in order to make them grow professionally and improve their contribution to the company. In addition, they can adopt corporate welfare policies, such as flexible hours, telework, paid parental leave, which improve the quality of life of employees and reduce the risk of turnover. Finally, companies can adopt personnel management policies that involve listening to the needs of employees and creating a healthy and stimulating work environment, which favors the well-being of workers and
business productivity.
In conclusion, the dismissal of employees for an indefinite period is a delicate event that must be justified by specific reasons and respect the protections provided by law. However, companies can adopt prevention strategies that improve employees’ quality of life and reduce the risk of turnover. Careful personnel management is the key to creating a healthy and stimulating work environment, which favors the growth of the company and its employees
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