The draft reform of art. 18 Workers' Statute, as made public by the government on 21 March (but now to be examined by Parliament), in the case of the worker's dismissal in production units with more than 15 employees (more than 5 for agricultural workers), provides different protection based on different scenarios.
Dismissal that is null and dictated by discriminatory reasons (of an employee that marries or worker on maternity, for reasons of race, religion, sex, etc.) involves the compensation of the damage (payment of all the lost salaries, with a minimum of 5) and reinstatement in the workplace (as an alternative to reintegration, the dismissed worker may apply for 12 months).
Illegitimate dismissal (disciplinary or repeated illness or physical inability of the worker) or ineffective dismissal (communicated without written form) results in compensation with indemnity between 15 and 24 months (without reintegration) or - when the worker has not committed the fact or the fact was subject to conservative sanction - reinstatement it with compensation up to 12 months of salary. In place of reinstatement, in this case the worker can also request an indemnity of 12 months, which is added to the 12 months of compensation.
In the case of dismissal justified by economic reasons, if the aforementioned reasons do not exist, the worker will be able to obtain at most an indemnity totalling between 15 and 24 months, with the exclusion of reinstatement.
In the latter case, the employer is required to inform the Territorial Labour Office of the intention to provide for the dismissal and that the latter body will convene the parties for an attempt at reconciliation.
