Italy Labour Law Update

Communication pursuant to art. Article 5(9) of Law No 223/199 must be single so as to allow an assessment of the final structure of the undertaking and the selection criteria

Court of Cassation, sec. Labour, judgment no. 17694 of 31 May 2022

In a collective redundancy procedure, since the only criterion of choice was the proximity to retirement and therefore a progression of redundancies depending on the achievement of the requirement, the company proceeded to communicate separately, at a later time, the individual groups of dismissals to the OO.SS. and to the authority.

In the appeal judgment on the dismissal of an employee of a first group, the Court stated that the final communication must be timely (within seven days of the dismissals) and unitary and concern both dismissed and dismissed, to allow the effective, timely control of the unions on the correct application of the chosen criteria; with repercussions also in the position of the dismissed employee, able to proceed with a conscious appeal only if he has had the opportunity to promptly check compliance with the chosen criterion with regard to all those who can be dismissed.

On this basis, the Supreme Court declared the dismissal illegitimate, and applied the indemnity protection, since it was a violation of the rules on final communication.

By Quorum, Italy, a Transatlantic Law International Affiliated Firm. 

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