Reintegration is a form of protection for workers who have been illegally fired. Let’s see how it works.
As we all know, in our country it is not possible to be fired freely, without valid reasons. Not everyone, however, is aware of their rights, and therefore cannot understand if a possible disciplinary dispute that leads to a dismissal, or if the decision to suddenly reduce the staff is correct or not.
If the decisions are made without valid reasons, it is possible to challenge the dismissal and in some cases obtain reinstatement in the workplace . In the next lines we will analyze in which cases this situation can occur.
INDEX
- What is reintegration?
- What should the worker do?
- Reintegration or compensation?
What is reintegration?
In recent years, the world of work has been overturned by numerous laws and changes, however, the most discussed and criticized decision was the repeal of the old article 18 of the Workers’ Statute .
In the past, in fact, reintegration in the workplace was provided for every time a judge declared a dismissal illegitimate, or when it was carried out in violation of the law and without valid conditions. Today, following the reform, the worker in most cases is only entitled to compensation, as we shall see.
READ ALSO: Illegitimate dismissal: how can the worker defend himself?
In fact, reintegration is now only foreseen for the most serious cases. The sentence no. 7167/2019 of the Supreme Court , however, has broadened the hypotheses of use.
First of all, it must be said that disciplinary dismissal as well as for objective reasons can be illegitimate if it is not carried out in compliance with current regulations. In fact, in the first case the employer could excessively punish the employee, or even could contest events that never happened, in the second case, however, a fictitious business need could be declared, only to get rid of the worker.
READ ALSO: Dismissal without just cause: is it possible?
Italian law allows unjustly dismissed workers to defend themselves, challenging the dismissal, following a specific procedure, which we will analyze in the next paragraph.
What should the worker do?
Employees who believe they have suffered an injustice may decide to defend their rights, while respecting a very specific procedure.
READ ALSO: Prohibition of dismissal: the protections against employees
The first thing to do is to send a registered letter to the company , clearly indicating the willingness to contest the decision, even without indicating the reasons. But beware, the letter must be sent within 60 days of the communication received.
The second step consists in filing the appeal in court , within 180 days of dismissal.
READ ALSO: Possession: what is it and how is it protected?
It should be emphasized that failing to comply with these terms makes it impossible to defend oneself.
However, it is not necessary to take the case to a courtroom. It is possible, in fact, to deal with the company either by calling a conciliation commission at the inspectorate or by acting independently to find an agreement.
Those who were hired after March 6, 2015 , can enjoy the so-called conciliation offer made by the employer, as required by the contract with increasing protections. However, conciliation must take place within 60 days, and usually consists of an offer as compensation.
Accepting the offer, however, entails the termination of the employment relationship and the waiver of the appeal against dismissal.
READ ALSO: Re-entry after voluntary resignation: is it possible?
Reintegration or compensation?
As we have said, it is possible to avoid the case in court by seeking out-of-court settlements, but if this turns out to be impossible, the decision on the reinstatement is up to the judge.
The rule is almost always compensation , except in particular situations, which are exceptions.
In particular, reinstatement is provided for in the presence of dismissal:
- Discriminatory: for trade union, religious, political, gender, handicap, language, racial, age reasons but also due to the use of maternity or paternity leave and for marriage.
- Minutes:the law requires a written communication to be made
- For non-existent facts: for non-demonstrable, completely invented reasons
