IX^ nucleo tematico (Lezioni 64 - 71) - Lezione 72 Test

An agreement where parties agree to end a contract, releasing themselves from obligations, with comparable terms and opposite content to the original contract.

A pregnant worker's consensual termination of employment requiring validation by the relevant Ministry of Labour inspectorate.

Can be achieved through resignation with notice or for 'just cause'.

Possible within seven days of submission, using the same method as the initial resignation submission.

If submitted during the period from wedding announcement to one year after the wedding, requires confirmation within a month before the ITL (Italian Labour Tribunal).

A reason that prevents the employment relationship from continuing, even temporarily.

Must be considered by judges, but they aren't bound by it unless collective agreements favor the worker.

Differs from just cause due to quantitative and qualitative differences.

Reasons related to production, work organization, concerning the company, affecting the employee but not imputable to them through fault.

Business needs, causal link, and possibility of reassignment within the company.

Void dismissal.

Void if the illegal motive is the sole determinant.

Null and void during the wedding announcement period and one year post-wedding.

Without justification, may lead to additional compensation, if provided by collective bargaining.

With pension rights, not opting to continue employment, protected against discriminatory dismissal.

Dismissal must be in writing, stating the rationale.

Within 15 days of receiving a dismissal challenge, reinstating the relationship with back pay from previous period.

Sixty days for legal action; 180 days for court submission or reconciliation attempt.

Written format is permissible to show intent to challenge dismissal.

Employee burdens proof of risk factor and less favorable treatment; employer must prove no discrimination.

Reinstatement within three days or compensation up to 6 months of the last wages.

Restores employment relationship from the date of the original notice. It is a new employment offer.

Under Fornero regime, subjected to reduced reinstatement protection.

Termination with a substantial compensation (12-24 months of last salary).

If employer ordered to reinstate, employee can ask for compensation (15 months) instead.

Termination with compensation (2-12 months of last salary).

Non-taxable, non-contribution offer to employee (1 month of salary/year of service, 3-27 months total).

Constitutional court deemed the compensation increase linked to seniority unconstitutional.

Preserves full reinstatement and limited compensation (half of the standard amounts).

Legality questioned and rejected by the court (Court case 183/2022).

Two types: reduction in workforce; following a special salary integration program.

Applies to companies with more than 15 employees, planning 5+ terminations within 120 days, in the same/different locations of the same province.

Includes consensual termination, resignations, and terminations of temporary workers, who may be categorized as employees, and terminations due to employer-ordered transfers that are refused.

Union phase concludes within 45 days.

Based on business needs and organization, respecting collective agreements (if present). Otherwise, legal criteria apply (business needs and seniority/family status).

Applies to employers with 250+ employees over the past year, closing a national site and laying off 50+ workers.

Notice provided at least 180 days prior.

Employer develops a plan for job retention and economic impact, submitted to labor representatives and government agencies. (60 days).

Violation of selection criteria results in reduced reinstatement protection.

Violation of dismissal procedures or worker selection criteria invokes strong compensation (6-36 months of last salary).