Factsheet for case IT-2020-12/219 – Updated – measures in Italy
|Country||Italy , applies nationwide|
|Time period||Temporary, 17 March 2020 – 31 October 2021|
|Type||Legislations or other statutory regulations|
Promoting the economic, labour market and social recovery
– Flexibilisation and security
|Author||Lisa Dorigatti (University of Milan) and Eurofound|
|Case created||31 March 2020 (updated 10 May 2021)|
The Italian Government, through Article 46 of the Law Decree No. 18 of 2020, suspended all the proceedings for collective dismissals and individual layoffs based on economic or productive reasons. This measure has been taken to prevent companies from dismissing wide part of their workforce as a consequence of the impossibility to carry out their business due to the two months lockdown applied in Italy to contrast the COVID-19 outbreak. The suspension of dismissals was later extended until 17 August 2020 by Law Decree No. 34 of 2020.
In consequence of the adoption of this measure, all collective dismissals' proceedings initiated from 23 February 2020 are suspended until 15 May 2020, and no new proceedings can be initiated from 17 March 2020 until the same final date. In addition, individual dismissals are banned from 17 March 2020 until 15 May 2020. The suspension does not apply to dismissals for disciplinary reasons, that can still be initiated.
The ban of individual dismissal is applied to all employers. The ban of collective dismissals, only to those than can enter in this proceeding (the ones with more than 15 employees).
The suspension of dismissals was later extended until 17 August 2020 by Law Decree No. 34 of 2020 (art. 80).
No details available.
Employees in standard employment
||Does not apply to businesses||Does not apply to citizens|
No special funding required
Social partners' role in designing the measure and form of involvement:
|Trade unions||Employers' organisations|
|Role||No involvement||No involvement|
|Form||Not applicable||Not applicable|
Social partners' role in the implementation, monitoring and assessment phase:
No involvement of the social partners.
The employer organisation Confindustria heavily criticised the decision of the Government to extend the suspension of dismissals until 17 August 2020, arguing it is "an attack against the freedom of enterprise". The trade union confederations CGIL, CISL and UIL, instead, have asked the Government to extend the suspesion of individual and collective dismissals until the end of 2020.
The counterposition between the social partners on the ban to dismissals continues also after its further extension by Law Decree No. 41 of 22 March 2021, with employer associations asking to remove the ban to let companies reorganise and trade unions calling for its further extension until the end of the COVID-19 emergency.
Eurofound (2020), Temporary suspension of individual and collective dismissals, case IT-2020-12/219 (measures in Italy), COVID-19 EU PolicyWatch, Dublin, http://eurofound.link/covid19eupolicywatch
Disclaimer: This information has not been subject to the full Eurofound evaluation, editorial and publication process. All information is preliminary and subject to change.