Executive Dismissals (Managers - Dirigenti) in Milan | Dismissals of Managers
Dimarco & Partners International Law Firm
Our Employment Lawyers in Milan 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. It is important 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, 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:
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.
1. I work in a company in Milan 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?
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 Milan 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 Milan, 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 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 court trial in Milan?
In Milan 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. In general at the first court hearing the Judge always tries to conciliate the case and very often it works.