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Dismissal for an objective reason
Dismissal for an objective reason terminates the employment relationship, most often if the Employer believes that the Employee has committed a gross disciplinary offense.
This article will cover:
- What must be written in the order of dismissal;
- What is the deadline for notification of dismissal, and why there is no notification deadline for dismissal for an objective reason;
- The difference between dismissal for an objective reason and dismissal for a justified objective reason;
- How the Employee can protect his interests in case of dismissal for an objective reason.
Order of dismissal
The order of dismissal is a notice that the Employer sends to the Employee to terminate the employment relationship.
The order may be handed over to the Employee or sent by registered mail.
The order should indicate:
- name and surname of the employee;
- name and surname of the employer;
- date and place of compilation;
- a clear indication of the intention to terminate the employment relationship;
- reason for dismissal.
In the absence of one of these elements, dismissal is considered illegal.
The order comes into force from the moment it is received.
Term of notice of termination and nature of notice.
The term for notification of dismissal is the period from the moment of notification of dismissal until the actual termination of employment.
The notification function is to give the employee time to prepare for the fact that he will be left without work.
During the notice period, the employee continues to work, and the employer pays him / her wages.
The employer may require the employee not to go to work, but must pay him a salary any way, which is called compensation for dismissal
In the case of dismissal for an objective reason, there is no deadline for notification, since the employee’s disciplinary offense is so serious that it prevents the continuation, even temporary, of the employment relationship.
On the other hand, the deadline for notification is applied for dismissal for a justified objective reason.
Il giustificato motivo oggettivo di licenziamento vs giusta causa ex art. 2119 c.c.
Section 2119 of the Italian Civil Code governs dismissal for an objective reason and provides as follows:
“Any of the parties may terminate the contract before the expiration of the term if the contract is concluded for a fixed period; or without notice, if the contract is concluded for an indefinite period, as well as if there is a reason that does not allow continuing, even temporarily, labor relations. If the contract is concluded for an indefinite period, the Employee terminating it for an objective reason has the right for compensation specified in the second paragraph of the previous article.
The bankruptcy of a company or the forced closure by an external administration is not a significant reason for terminating the contract. “
Practical examples of a “justified objective reason” for dismissal are:
- the act of the employee, violating the labor discipline, but less serious than the one that leads to dismissal for an objective reason;
- an objective reason related to job loss (for example, a corporate crisis or reorganization of production).
Challenge your dismissal
An employee who intends to challenge the dismissal must formally “appeal” him by sending an official appeal to the Employer containing:
- Exact information about the dismissed Worker;
- Accurate information about the employer that issued the dismissal order;
- Indication of the date and place of circulation;
- Clear disagreement with dismissal.
The employee has 60 days from the date of dismissal to challenge him, after which he loses such an opportunity.
If you want to know more about labor disputes, read this article.
If you want to know more about applicable law, here is a detailed selection.
If you need more information, contact Bonato Law Firm.