Notice from the National Labour Inspectorate on the conciliation procedure provided by the regulation of layoffs with increasing protections
As is known, pursuant to art. 6 of Legislative Decree no. 23/2015, in the event of the dismissal of an permanent employee hired under a regime of increasing protections, the employer can attempt to avoid trial by offering the worker, within the term of 60 days provided for the out-of-court appeal of the dismissal and in one of the judicial or extrajudicial seats provided for by art. 2113 of the Civil Code, an amount equal to one month's salary of reference for the calculation of the severance indemnity for each year of service, in any case not less than three and not more than twenty-seven months, by delivery to the worker of a cashier's cheque. Acceptance by the worker of the amount offered (which does not constitute taxable income for the purposes of personal income tax and is not subject to social security contributions) entails the termination of the relationship on the date of dismissal and the waiver of the appeal.
The National Labour Inspectorate, with notice number 148 of 10th January 2020, clarified how the conciliation procedure in question can be defined, with the signing of the related conciliation report, even beyond the 60 days mentioned above. According to the National Labour Inspectorate, it is sufficient that, within the aforementioned term, the employer has sent the worker their proposal with the details of the banker's draft and the contextual request for convocation in one of the protected locations provided for by the standard in question.
The formalisation of the agreement and the actual delivery of the cashier's cheque can instead take place at a later date. (LC)
