How do you fire someone in Italy?

The Italian Legislation grants comprehensive protection to employees in the case of termination of the employment contract by the employer. In fact, the employer is entitled to terminate the employment contract only in case of Justified Cause (“Giusta Causa”) or Justified Reason (“Giustificato Motivo”).

How do I terminate an employee in Italy?

An employer does not have to serve notice in cases of resignation, dismissal for just cause or if the termination is by mutual agreement and the parties have agreed to the exclusion of the notice period. If the dismissal is for a subjective justified reason, the employer must give notice.

Can I fire someone without warning?

‘Summary dismissal’ is dismissal without notice and is only allowed for ‘gross misconduct’. This is where a situation is serious enough for your employer to dismiss you without warning (for example, for violence).

What is the best way to terminate an employee?

Take it step by step.

  1. Get right to the point. Skip the small talk. …
  2. Break the bad news. State the reason for the termination in one or two short sentences and then tell the person directly that he or she has been terminated. …
  3. Listen to what the employee has to say. …
  4. Cover everything essential. …
  5. Wrap it up graciously.
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17.02.2016

What is the notice period in Italy?

3: Length of notice period at different tenure durations (a) Length of notice period is provided by each collective agreement In most collective agreements (e.g. collective agreement of metal workers, tourism industry, textile workers, chemical workers, trade industry, food industry) notice is as follows: 9 months …

Can you get fired in Italy?

The Italian Legislation grants comprehensive protection to employees in the case of termination of the employment contract by the employer. In fact, the employer is entitled to terminate the employment contract only in case of Justified Cause (“Giusta Causa”) or Justified Reason (“Giustificato Motivo”).

What is Italian Ccnl?

Statutory terms and conditions of employment in Italy are based on the Contratto collettivo nazionale di lavoro (CCNL), a state collective employment agreement. The CCNL defines the terms and conditions of employment between Swisscom’s Italian subsidiary Fastweb and its employees.

What are the 5 fair reasons for dismissal?

5 Fair Reasons for Dismissal

  • Conduct/Misconduct. Minor issues of conduct/misconduct such as poor timekeeping can usually be handled by speaking informally to the employee. …
  • Capability/Performance. …
  • Redundancy. …
  • Statutory illegality or breach of a statutory restriction. …
  • Some Other Substantial Reason (SOSR)

Can I sue my employer for firing me for no reason?

Yes, you can sue your employer if they wrongfully fired you. But you need to know if your employer actually broke the law, and you need to determine how strong your case is. All too often, people want to sue for being fired when the company had a legitimate reason to fire them. Not every firing is illegal.

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What should you not say when terminating an employee?

11 Things You Should Never Say When Firing an Employee

  1. “This is really hard for me.” …
  2. “I’m not sure how to say this.” …
  3. “We’ve decided to let you go.” …
  4. “We’ve decided to go in a different direction.” …
  5. “We’ll work out the details later.” …
  6. “Compared to Susan, your performance is subpar.”

27.11.2018

How many warnings are required before termination?

There is no legislative requirement specifying that an employee must be given a certain number of written warnings before being dismissed for poor performance. For example, there is no rule that an employee must receive three written warnings.

Why do good employees get fired?

You can get fired for getting too much positive attention from top leaders in your organization. … You can get fired for doing such a good job that other departments get angry. Other managers may tell your supervisor “Your employee is showing off, and making us look bad!”

Does HR need to be present during a termination?

During the termination, a member of the HR department should be in attendance. The representative may present to the terminated employee the reasons for the firing, or a supervisor may do so while the HR representative takes notes and observes. HR is meant to serve as a neutral third party.

Is there sick leave in Italy?

Sick Leave in Italy

Under Italy’s labor law, employees are entitled to paid leave of three working days per year in the event of a serious illness (subject to a doctor’s notice) or death of their spouse or second degree relative. Arrangements may be agreed to with the employer in the event of a severe illness.

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How does TFR work in Italy?

In Italy, there is no severance pay or redundancy compensation as such. … The TFR is calculated according to the formula of a year’s overall salary divided by 13.5, plus 1.5% for each year of service plus compensation for inflation.

What is Dirigente in Italy?

“Dirigenti” are the highest category of employee, defined in Italy mainly by specific collective agreements, comprising workers who are in charge of running the enterprise or a large and independent part of it, with full autonomy within the employer’s general directives (i.e. the employer’s alter ego ); also includes …

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