Licenziamento illegittimo

Which workers cannot be fired, all the bans in force today

The employer cannot fire employees at its own discretion, but is required to comply with the provisions of labor law protecting workers.
As a general rule, it is good to keep in mind that dismissal is permitted for disciplinary reasons – linked to the worker's behavior – or economic and organizational reasons.
Even within these large fields, dismissal must still follow precise rules, while in other cases it is illegitimate regardless.
Here are all the bans in force today on dismissal, with a list of the cases in which workers cannot be dismissed and the exceptions, i.e.
the reasons for dismissal permitted by law (provided they can be documented).
Which workers cannot be fired and when Marriage Pregnancy Illness Accident at work Alternative tasks New hires after dismissal Unjustified dismissal Retaliation Marriage According to the laws in force, it is forbidden to dismiss the female employee due to marriage, or in the period of time between the request for marriage banns up to one year after the celebration of the wedding.
This ban is aimed at limiting discrimination, therefore it is aimed exclusively at female employees (with the exception of family and domestic service workers).
The rule serves to avoid dismissal caused by marriage; in fact, in this period, dismissal for just cause, for cessation of company activity or termination of the duties to which the worker was assigned and for the expiry of the contractual term (or negative outcome of the test) remains legitimate.
read also Dismissal for marriage, is it legitimate? Pregnancy It is forbidden to fire a pregnant worker, a prohibition that remains until the child is 1 year old.
Likewise, it is forbidden to fire a father who abstains from work for the child's first 3 months in the absence of the mother, in the event of: Serious illness; death; abandonment; sole custody of the father.
Also in this case, dismissal is legitimate in the cases expressly provided for by law seen above, from just cause up to the contractual expiry.
Illness It is forbidden to dismiss the employee during illness, unless it exceeds the period of employment envisaged by the national collective agreement.
In addition to the various legal hypotheses, dismissal due to illness is also legitimate in the case of just cause linked to the illness itself, such as: False medical certificate; repeated absences from tax visits; double work in competition.
read also Firing for exceeding the duty period, the checks to be carried out Accident at work You cannot fire an employee who is absent due to illness due to an accident at work (caused by the negligence of the employer), who has the right to return to work only once healing is complete.
Alternative tasks It is not possible to fire an employee for a justified objective reason, therefore for economic reasons, when the employee can be assigned to other tasks (no matter if inferior) that the company needs, that the worker is able to carry out and that they do not involve the displacement of other employees.
New hires after dismissal The dismissal of an employee due to the loss of his job becomes illegitimate when, shortly after, the employer hires another worker for the same jobs.
Unmotivated dismissal Dismissal for economic reasons or just cause is illegitimate when the employer cites non-existent reasons or which in any case is unable to prove in the event of a dispute by the employee.
Retaliation It is prohibited to fire the employee for retaliation, for example if the employee has sued the employer or has a dispute.
Even in these cases, the employer's right to dismiss the employee remains intact when the conditions established by law exist.
However, it is necessary for them to be incontrovertible proof, because the slightest doubt in this regard – more than likely in conjunction with ongoing personal or work-related disputes – entails the illegitimacy of the dismissal as discriminatory and therefore the obligation to reinstate the worker.
read also Retaliatory dismissal: here's what it is and how it harms the worker

Author: A.W.M.

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