The Ministry of Labor informs that it is possible to communicate online the mandatory conciliation offer in the event of dismissal for workers with contracts with increasing protections. The Jobs act, the Renzi Government's labor reform, introduced the new contract with increasing protections which effectively cancels the protections provided for by article 18 of the Workers' Statute. In the event of dismissal, the employer can offer a sum, as compensation, to the worker who in exchange waives the right to challenge the dismissal in legal proceedings.
The new institute of out-of-court settlement of disputes on unlawful dismissals is valid for:
– permanent hiring made from 7.3.15
– permanent conversions of fixed-term contracts made from 7.3.15
– conversions as a consequence of the sanction regime from 7.3.15
– qualification achievements of apprentices from 7.3.15 with continuation of the relationship
The employer is obliged to communicate the termination of the employment relationship. In addition to this communication, the employer must communicate the conciliation offer within 65 days of termination of employment. A circular from the Ministry of Labor informs that from the month of June it is possible to communicate the conciliation offer through the online portal Cliclavoro thanks to the new application Unilav_conciliation.
"This conciliation - explains the Ministry of Labor - provides that the employer can offer a predetermined sum to the worker in exchange for the waiver of the dismissal appeal, a sum that is not included in the taxable income for tax purposes".
The instructions for online communication of the conciliation offer
Since June 2015, employers have been able to fulfill the obligations of communication of the termination of the employment relationship and conciliation through an online application. In order to access the electronic communication for the conciliation offer, it is necessary to be registered on the Cliclavoro portal.
As illustrated on the Cliclavoro website, once the employer has entered the system, he must enter the code relating to the mandatory communication of termination with the date of the conciliation proposal and the relative outcome.
If the outcome was positive, some information useful for monitoring regulatory implementation will be added:
– The seat of the conciliation between those provided for by art. 2113 and by art. 82, paragraph 1 of Legislative Decree 276/2003
– The amount of the transaction
– The outcome of the procedure indicating the actual acceptance of the offer by the worker.
After entering the information, it will be possible to save and print the summary of the communication made.
