What social shock absorbers does the Jobs Act include in the event of dismissal? And how do they reconcile with protections for maternity? We spoke with Elena Cannone, a lawyer from the De Luca & Partners law firm in Milan, specialised in employment law.
Unemployment benefits (Italian mobilità) during pregnancy.
This social shock absorber regards companies with more than 15 employees, an indemnity – a percentage of the salary – to which the worker has the right following a lay-off. It has the dual aim of sustaining income and promoting job reinstatement or professional retraining. During the period of unemployment benefits, the worker may be called for a training course or for an interview at another company which may hire them: in this case, if they refuse the job, they lose the right to the indemnity.
How is this system applied in the case of a pregnant woman? “The rules,” said Ms. Cannone, “are prior to the Jobs Act. The latter does not affect the principle to protect maternity, or the unemployment benefit mechanism”. Let’s look at some specific cases.
If the company uses unemployment benefits when the woman is already pregnant.
From the beginning of the pregnancy until the child is one year old the worker cannot be dismissed or suspended from work (as per article 54, paragraph 4 of Italian Legislative Decree 151/2001 – Consolidated Act on the protection and support of maternity and paternity), unless the company closes or activity is suspended in the department where the woman is employed, if it has complete operating autonomy. “In this case the company must demonstrate that the woman cannot be transferred”, said Elena Cannone.
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