Please note: All results generated by this calculator are indicative estimates based on current regulatory parameters. They do not replace the binding opinion of a Labor Judge or an employment lawyer.
Frequently Asked Questions about Dismissal
What practically changes between the Jobs Act and Article 18?
The main difference concerns the sanction in case the Judge declares the dismissal illegitimate. Article 18 (valid for hires before March 7, 2015 in companies >15 employees) very often provides for reinstatement in the workplace. The Jobs Act replaced reinstatement with economic compensatory indemnity, the amount of which is calculated primarily based on length of service. Reinstatement in the Jobs Act remains only for very serious cases such as discriminatory or retaliatory dismissal.
Is notice always mandatory?
Yes, unless the dismissal occurs for Just Cause (Giusta Causa) (a fault so serious as to not allow the continuation of the relationship even for one day, e.g., theft). In all other cases (Justified Objective or Subjective Reason), the company must have you work the notice period provided by your National Collective Agreement (CCNL). If they decide to send you home immediately, they must pay you the "payment in lieu of notice", which corresponds to the salary of those months.
Is the compensation I receive taxed?
The compensatory indemnity for unfair dismissal determined by the Judge is subject to "separate taxation" (a facilitated regime that prevents a jump in the IRPEF tax rate for that year) but is not subject to INPS contributions. The payment in lieu of notice, however, is subject to ordinary taxation and full INPS contributions, being equated to salary.