Executive Dismissals (Managers - Dirigenti) in Como | Dismissals of Managers
Dimarco & Partners International Law Firm

Our Employment Lawyers in Como are specialized in Executive Wrongful Dismissals. Our Law Firm assisted in the past several Corporate entities and executive in the field of managers dismissals (licenziamento di dirigenti). Preliminary it is important to underline that the role of the Executive differs from the one of the employee. The Executive, according to the Italian law, is considered the alter ego of the director of the employer. We need to specify that the rules to be applied to the Executive are described in each CCNL they belong (Collective National Labour Contract), so there is not a single rule to be applied in case of unlawful dismissal. 
It is easier to dismiss an Executive than an employee.
Once an executive receives the letter of dismissal from a company located in Como, there is a term of 60 days to challenge it, or it will become definitive. Challenging a dismissal means sending a registered letter to the employer with the correct elements of law. This tasks shall be provided by a lawyer in order to avoid formal mistakes.
On general basis, depending on the kind of national contract, the executive will be entitled to get, after the termination:

• the indemnity equal to the notice period: in the frequent case that the company does not want the Executive to attend the daily work during the notice period, he may ask the worker not to work during the notice period. Obviously this notice period shall be paid to the worker in any case. The number of months depends on the years of service.
• the indemnities according by the law: as the 13th month of salary, the tfr, the holidays, the rolls and any other indemnity arising from the labour contract and from the national contract.

In case the dismissal may be considered unlawful, it would be possible for us to negotiate on your behalf the severance payments, also called supplementary indemnity. This indemnity is the compensation given to the worker for the unlawful dismissal. Depending on the years of service it may reach also 24 months of salary. We hereby give an example of the supplementary indemnity in case of Dirigenti Industria National Contract:

• 2 months of gross salary until 2 years of service; 
• from 4 until 8 months of gross salary between 2 and 6 years of service;
• from 8 until 12 months of gross salary between 6 and 10 years of service; 
• from 12 until 24 months of gross salary between 10 and 15 years of service; 
• from 18 until 24 months of gross salary for more than 15 years of service. ​

The most common reason that brings a company to dismiss an Executive is the economical reason or the job suppression. In both cases the employer has the burden of proof to demonstrate that effectively the motivation of the termination depends exclusively on economical reasons or on the job suppression. According to the previous cases law, the jurisprudence considers unlawful a termination of an executive made with discriminatory reasons, in the absence of good faith (Court of Cassation, labour section, decision n. 9665/2019). For the Supreme Court it is also important that in case of job suppression, another person in the company does not have the same task of the dismissed executive after his termination (Court of Cassation, labour section, decision n. 20856/2012)
It is also possible, anyway, that the Executive is dismissed for disciplinary reasons, but this case is actually less frequent. The relationship between the employer and the executive is considered intuitu personae, that means that in case the employer, for some concrete reasons depending on the behavior of the executive, may lose the trust in him, he would be legitimate to terminate the employment agreement. It is also possible that in the working contract are mentioned some essential targets and, if they are not reached by the Executive, he may be dismissed if this happened for his negligence or fault.
Our Law Firm assists foreign executive employed in Italian corporate entities in order to evaluate the possible profiles of unlawfulness of the termination and to challenge the dismissal in out of court procedures and in court trials.
Our Lawyers will provide you the help needed to recover the amounts to be paid by the company.

FAQ

1. I work in a company in Como and I have been dismissed. How much time do I have to challenge the dismissal?
The term applied to the employees is applied also to the Executive (Managers, Dirigenti). It is 60 days starting from the receipt of the letter of dismissal. 
2. What does it happen if I do not challenge the dismissal in the term of 60 days?
The dismissal of the Executive will become final and it will not be possible to challenge it anymore.
3. Do I need to hire an Employment Lawyer in Como to challenge the dismissal?
The Lawyer is not compulsory, anyway it is highly recommended as, in case of mistake, the dirigente may lose potential indemnities.
4. I haven't been dismissed and the company purposed me a mutual agreement and severance payments to end the working relationship. Is Dimarco & Partner able to help me also in this phase?
Yes, we may give you a support also during pacific negotiations, trying to obtain the correct amount for you, that is our priority. 
5. The company doesn't want to pay my notice period, the salary or other indemnities, what can I do?
Our Lawyers in Como, after checking your payslips, may provide a fast procedure called decreto ingiuntivo to recover the money. it is always important that you ask the company the payslips.
6. My employer dismissed me verbally, what shall I do?
In case you are dismissed verbally it is important to contact immediately a lawyer in order to provide the immediate communication to the company. In case you are not performing your work without a proof that you have been dismissed, the company may take the occasion to claim that you are absent from work without a justification. It is advisable that you recover as many evidences as possible about your dismissal. A verbal dismissal will entitle the executive to receive the supplementary indemnities.
7. What does it happen if we are not able to reach an agreement out of court?
Our Employment Lawyers in Como will file a lawsuit or, just before the lawsuit, will attempt a conciliation in front of the trade unions.
8. How much does it last a labour court trial in Como?
In Como we have a specific Court for the Labour cases. The procedure is in general very fast and a first instance court trial may last around 1 year or even less. In general at the first court hearing the Judge always tries to conciliate the case and very often it works.