Article 46 of the Cura Italia Decree, containing urgent measures to contrast the COVID 19 emergency states that “beginning from the date the degree goes into effect starting any proceedings as per articles 4, 5 and 24 of Italian Law no. 223 of 23 July 1991 is prohibited for 60 days and pending proceedings started after 23 February 2020 in the same period shall be suspended. Until this period ends, the employer, regardless of the number of employees, may not withdraw from an employment contract for objective just cause pursuant to article 3 of Italian Law no. 604 of 15 July 1966”. Therefore, from 17 March 2020 until 16 May 2020 there is a ban on starting employee layoff proceedings and pending proceedings started after 23 February 2020 are suspended during the same time period. Moreover, until 16 May 2020, employers, regardless of the number of employees on the job, may not give notices of dismissal for objective just cause. Instead, employers can proceed with dismissal for just cause, dismissal for subjective just cause, withdrawal from a trainee contract at the end of the training period, withdrawal during probation period, dismissal for retirement based on the “Quota 100” law and old age pension, dismissal for exceeding the protection period and being unsuitable for the assigned job and dismissal of managers.
