The ban on dismissal for a justified objective reason, foreseen until May 16 by the Cura Italia decree, has ceased its effects since last Saturday. This is one of the effects of the delay in the publication in the Official Gazette of the Relaunch Decree, announced by the Premier Conte at a press conference on Wednesday 13 May but still struggling with the judgment of the MEF on the relative coverage. The Relaunch Decree also contains the extension of the layoff ban until August 17, but it is clear that there will be no ban until it enters into force.
There is no retroactivity
The prohibition cannot be retroactive. Therefore, this vulnus was created in the norm that recreates the conditions existing in normality, that is, until March 17 last, when Cura Italia entered into force. Neither the publication in G.U. of the Relaunch Decree can retroactively heal this “hole”. Therefore, today there are three days in which it was legitimately possible to fire for justified objective reasons, which in this moment of great economic difficulty for entrepreneurs are absolutely true given the existing crisis. And companies in difficulty are already doing it by using this regulatory window.
Prohibition of dismissal without layoffs
This particular situation makes even more evident a contradiction existing in the drafts of the relaunch decree. In fact, against the dismissal ban until August 17, there are no social safety nets for the same period. The planned redundancy fund is only 5 weeks, in addition to the 9 contained in Cura Italia; while another 4 are available only after September 1st. Therefore, after completing the new 5 weeks (around the first week of June), the employers will have all their employees at their charge both if the company activity has returned to normal and if (much more likely) a crisis still persists .
“This delay in publication is causing several anomalies – comments Marina Calderone, president of the National Council of the Order of Labor Consultants -. The regulatory hole has created the conditions for numerous layoffs, also because the prospect of many employers is not certain to immediately return to the volume of business owned before Covid. The ideal would have been to unpack the contents and publish a decree with the provisions for employed and self-employed workers. Instead, it was chosen differently and hence the delay not only in the definition of wage subsidies but also in the initiatives in favor of the economy, expected by workers and entrepreneurs “.