Here comes the hypothesis of a new article 18 of the workers' statute: presenting the bill to the commission of the Chamber are some deputies from the group of splitters from the Democratic Party, including Bersani, Speranza and Epifani. The bill has just been presented (on March 27) and is on the agenda of the commission this week.
The new regulations provide, in particular: 1) the obligation for the judge to apply the sanction of reinstatement of the worker in the workplace in all cases of disciplinary, discriminatory, ineffective or void dismissals (because they were adopted in violation of specific by law), without any distinction in relation to company size (therefore also in companies with fewer than 15 employees); 2) the possibility for the judge to choose between the reinstatement of the worker in the workplace or the sentence to pay a sum of money (from 5 to 15 months of the final global salary in fact), in companies with up to 5 employees, in only two cases: a) a particularly serious fact committed by the worker; b) only formal defect of an (otherwise) legitimate disciplinary dismissal; 3) the possibility for the judge to choose (expressly giving reasons) between the reinstatement of the worker in the workplace or the sentence to pay a sum of money (from 12 to 48 months of the final overall salary in fact, reduced from 6 to 36 in the case of companies with up to 10 employees), in the case of illegitimate economic dismissal (except in the case in which the absence of reasons based on dismissal, against which there is always reinstatement) or in the event that the employer demonstrates that he cannot use the worker in other equivalent or inferior tasks.
The bill it also intervenes on the Fornero lawby amending the mandatory procedure that employers must follow in order to carry out individual dismissals for economic reasons.
