According to the Cassation, the managers' unions must also be involved
As is known, the Italian Legislator, with art. 16 l. October 30, 2014, n. 161, has for some time provided for the harmonization of the internal legislation with the community obligations deriving from directive n. 98/59 / CE, also applying to managers the protections provided for collective dismissals and the mobility procedure provided for by law 223/1991.
From this it follows, according to sentence n. 2227 of 25-1-2019 of the Supreme Court, in the case of collective dismissals involving managers, the obligation to make the mandatory notifications pursuant to arts. 4 and 24 law cit. not only to the unions stipulating the collective agreement applicable in the company to the generality of the workers (in this case, since it is a metalworking company, the trade unions Fim, Fiom and Uilm), but also to the trade unions which are most representative of the managers.
In the absence of this last communication, the collective procedure is to be considered flawed, with the consequent declaration of illegitimacy of the dismissal of the manager. (LC)
