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Only because of the obvious non-existence of the fact can reintegration in the workplace be ordered

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24/02/2018

Court of Appeals, sect. Work, 18 December 2017, n. 30323

 
 
A worker has been fired because of a fact attributable to a justified objective reason. He was fired as a result of a magisterial ban against the company he worked for, which had noted the danger of mafia infiltration in the company due to the presence of workers with criminal records and in any case close to them, for kinship or affinity relationships to members of the local mafia clan. This provision had led to a change in the company organization, which was present commercially exclusively or in any case focused on the acquisition and execution of public contracts (collection and disposal of waste and garbage collection) in order to avoid the loss of bids. The first labour court and the court of appeals later declared the dismissal to be unlawful by condemning the employer to the sole compensation of damages.  The worker appealed the ruling in the Court of Appeals. The Court examined the legislation introduced by the Fornero law of 2012 and gave the correct legal interpretation of the law. The reintegration in the workplace for the Court of Appeals is a provision that the judge can adopt in an enduring manner, advancing protection in the case of unlawful dismissal. In the new law of 2012 there are two protections, one more incisive and the second one more attenuated. The first one represents the exception.
 
 
 
 
 
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In Italy, employees were protected by art. 18 of act n. 300/1970 (usually called “employees statue”), until 2014: workers unjustly fired could sue their employer for being reinstated to their job and for damages (salaries from firing to reinstating). So, if the judge had declared unlawful dismissal, companies had to pay years of salary and social security contribution, even if they didn’t’ get any job performance by fired employees (Italian trials were really slow). From 2015, this won’t happen anymore. In case of unlawful dismissal, employers will only have to pay damages to workers. This compensation will be reasonable: from 4 to 24 months of salary (2 months per year of working). Employees won’t have the right to be reinstated to their job, except for specific situations. So, if he doesn’t appreciate the worker, the employer won’t be obliged to readmit him in his company (except for racial, political and religious discrimination). According to new acts, civil trials are faster, thanks to their computerization. Now payment orders can be issued in a few days. Before, it took several months. Besides, debtors that refuse payments are obliged to pay default interest of 9%. So they have no incentive to delay payments: this would be too expensive.  Creditors can ask the court for an order to search in public records debtor’s goods and current accounts to be attached (now access to records is allowed only to specialized agencies) . This new procedural instrument allows to attack debtor's assets more easily. Creditors will be satisfied effectively and more quickly. In this section of the website, we are going to show all this brandnew rules.


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