Dismissal Due to Business Reasons in Italy

TABLE OF CONTENT: Introduction. – 1. How are the causes that justify a redundancy or a dismissal due to business reasons defined? – 2. The business reasons that justifying the dismissal, must they concur in the entire company or only concur in the workplace where dismissal occurs? – 3. What is the procedure that the company must follow to conduct a dismissal for business reasons? Are there specialties in such procedure in cases of redundancies (that is, when there is a collective dismissal)? – 3.1. Individual dismissal – 3.2. Collective dismissal. – 4. How is the number of affected workers calculated in order to determine the individual or collective nature of the dismissal? – 5. Are there groups of workers who have priority in a dismissal for business reasons? Particularly, do workers’ representatives have priority? And pregnant workers? Elder workers? Workers with family responsibilities? – 5.1. Individual dismissal. – 5.2. Collective dismissal. – 6. Are workers affected by a dismissal due to business reasons entitled to an economic compensation? – 7. What obligations does the company that carries out a dismissal due to business reasons have? In particular, is there the obligation to relocate affected workers within the company or the group of companies? – 8. What are the consequences that arise from breach or non-compliance with the legal procedure regarding dismissals due to business reasons? In which cases is the dismissal considered null (that is, that implies the worker’s readmission)? – 8.1. Individual dismissal. – 8.2. Collective dismissal. – 9. Are there specialties in the dismissal due to business reasons for microcompanies and/or small and medium enterprises? – 9.1. Individual dismissal. – 9.2. Collective dismissal. – 10. Is it possible to conduct a dismissal due to business reasons in a public administration? In this case, what specialties exist in regard to the definition of the business causes? – 11. Other relevant aspects regarding dismissals due to business reasons.