European Restructuring Monitor (ERM)
Eurofound's ERM database on restructuring-related legal regulations provides information on regulations in the Member States of the European Union and Norway which are explicitly or implicitly linked to anticipating and managing change.
Law 23 July 1991, no. 223 -5; Legislative decree 14 September 2015, No. 148, art. 24 and 24-bis; Legislative decree 12 January 2019, No.14 - art. 368
The criteria for the selection of workers involved in collective dismissals (that is the dismissal of at least five employees within 120 days in companies with more than 15 employees) are to be set within the context of the collective dismissal procedure (that is the mandatory procedure that has to take place in case of collective dismissals) and, ultimately, in the agreement which might be reached at the conclusion of the procedure. In the case the procedure ends up with no agreement, the selection criteria are those established by article 5 of law 223/1991, which identifies the following list:
Selection criteria should be applied on an equal basis, meaning that none of them should prevail over the others, that is without the employer having the power to assign each of them a different weight, so as to arbitrarily alter the result of the choice.
Jurisprudence has set limits to the ability of the parties to identify selection criteria for dismissals, stating that selection criteria identified in union agreements shall comply with the principle of non-discrimination based on union, political, religious, racial, sexual, and language reasons, as well as with the rationality principle (that is agreed criteria must possess the characteristics of objectivity and generality).
No information available.
Eurofound (2015), Italy: Selection of employees for (collective) dismissals, Restructuring legislation database, Dublin, https://apps.eurofound.europa.eu/legislationdb/selection-of-employees-for-collective-dismissals/italy
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