Employment Lawyers in Vercelli, Italy | Labour Law Department 
Dimarco & Partners International Law Firm
Our Employment Lawyers in Vercelli are specialized in Labour Law, assisting corporate entities and individuals in cases of unlawful dismissals or in any other conflict between the employer and the employees or managers (dirigenti).
In the last 3 years the Labour Laws concerning the dismissal of the employees changed significantly. We can just remind that on 2015 it was approved the "Jobs Act", in order to guarantee an high flexibility of the work, then it was amended on 07.08.2018 by the "Dignity decree".
The last recent modification was performed by a Sentence of the Constitutional Court, issued on 26.09.2018.
Our Law Firm provides qualified legal services to individuals in dismissal cases and to corporate entites  as company reorganizations, collective dismissals, mergers and acquisitions, assistance in litigation, advice on employment contracts, agency contacts assistance and transfers of businesses.
If your company located in Vercelli has just dismissed you, contact us and we may help to obtain the correct compensation.
The current general picture of the Employment Law in Vercelli and in Italy, concerning the unlawful dismissals of employees, is the following one after all the law changes:
A) DISMISSAL FOR JUST CAUSE (licenziamento per giusta causa): according to the articles 2219 of the italian civil code, "the working relationship can be terminated at any moment without notice, whenever something occurs which prevents the continuation, even temporary, of the working relationship. It demands a significant violation of the employee". This kind of dimissal normally needs a disciplinary procedure and the worker is entitled not to pay the notice period to the employee. We can see how the law changed, in terms of severance payments, in the last 3 years: 
  • The Jobs act provided an indemnity to the employees, in case of unlawful dismissal, between 4 and 24 months, depending on the number of years of service in the company, with a minimum of 4 months and a maximum of 24 months.​
  • The dignity decree, on 07.08.2018, amended the Jobs act, providing, on the basis of the same criterion, a minimum of 6 months and a maximum of 36 months.
  • The constitutional Court, on 26.09.2018, established that  the article 3, comma 1, of the decree n.23/2015, in the part that establish that the number of years of service in the company is the unic criterion to calculate the severances in favor of the employees, it is constitutionally unlawful. On this purpose the Constitutional Court considered that the Judge has to decide, at his own discretion, evaluating all the circumstances of the case, between a minimum of 6 and a maximum of 36 months.
B) DIMISSAL FOR SUBJECTIVE JUSTIFIED REASONS (licenziamento per giustificato motivo soggettivo): this kind of dismissal is, as the just cause, disciplinary. The dismissal for subjective justified reasons is normally a less serious breach of contract compared to the just cause. For this reason the employee is also entitled to receive the payment of the notice period. In terms of severance payments the law changed as follows:
  • The Jobs act provided an indemnity to the employees, in case of unlawful dismissal, between 4 and 24 months, depending on the number of years of service in the company, with a minimum of 4 months and a maximum of 24 months.​
  • The dignity decree, on 07.08.2018, amended the Jobs act, providing, on the basis of the same criterion, a minimum of 6 months and a maximum of 36 months.
  • The constitutional Court, on 26.09.2018, established that  the article 3, comma 1, of the decree n.23/2015, in the part that establish that the number of years of service in the company is the unic criterion to calculate the severances in favor of the employees, it is constitutionally unlawful. On this purpose the Constitutional Court considered that the Judge has to decide, at his own discretion, evaluating all the circumstances of the case, between a minimum of 6 and a maximum of 36 months.
C) DISCRIMINATORY DIMISSALS (licenziamento per motivi discriminatori): it can happen that an employee is dismissed for discriminatory reasons, because he has a membership with a specific trade union, he partecipates to strikes, or for  political, religious, racial, handicap, age, sexual orientation reasons. This case is different from the previous ones as the law treat the discriminatory dimissal in a more strict way. The consecuences of a disciminatory dismissal may be the following ones:
  • The employer may be condemned to to pay a compensation of minimum five months of salary calculated on the last salary (the number of months are normally calculated starting from the day of the dimissal and the day of the judicial reintegration).
  • Reintegration of the employee: in this case the employer will be obliged to reinstate the worker. The employee can ask, instead of the reintegration, the payment of additional 15 months of salary.
  • The employer will have to pay the social security contributions from the date of dismissal to the day of the reinstatement ordered by the Court.
D) DISMISSALS FOR CRISIS OF THE COMPANY (licenziamento per giustificato motivo oggettivo): the employer can decide the dismissals of the worker also for economic reasons. The most common reasons are overstaffing (for example dued to market crisis or by the adoption of new technologies) or for situations related to the worker (for example the worker becomes disable and he cannot attend his duties dued to the disability). The consecuences of an unlawful dismissal are the same one of the dimissal for just cause and subjective justified reasons.
It is important to underline that in the dismissal for economic reasons, the employer has the duty to try to place the worker in other job position before dismissing him.
​We look forward to cooperate with you. 

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