We would like to ensure that you are still receiving content that you find useful – please confirm that you would like to continue to receive ILO newsletters.
10 March 2021
On 26 February 2021 the Rome Labour Court issued a decision which extends the ban on individual dismissals due to the COVID-19 pandemic to cover executives.
Law 604/1966 sets out the framework for individual dismissals for objective reasons, which the government has used during the COVID-19 pandemic to ban individual dismissals. However, Law 604/1966 does not apply to executives.
Executives' protection in the event of dismissal is provided by collective agreements and is of an economic nature (with some exceptions that are provided for by law).
Nonetheless, in the present case, the Rome Labour Court extended the ban on dismissals to cover the executive and ordered the employer to reinstate him in his job.
The decision appears inconsistent with the legislation.
The legislative interpretation provided by this decision reinforces the doubts of constitutional legitimacy that the ban on dismissals due to the COVID-19 pandemic has raised.
For further information on this topic please contact Annamaria Pedroni at Stanchi Studio Legale by telephone (+39 02 546 9522) or email (firstname.lastname@example.org). The Stanchi Studio Legale website can be accessed at www.stanchilaw.it.
The materials contained on this website are for general information purposes only and are subject to the disclaimer.
ILO is a premium online legal update service for major companies and law firms worldwide. In-house corporate counsel and other users of legal services, as well as law firm partners, qualify for a free subscription.