What is the Letter of Dismissal for Objective Justified Reason?
The Letter of Dismissal for Objective Justified Reason is the document with which an employer notifies an employee of the termination of the relationship for economic or organizational reasons. At the moment, there are restrictions for this type of dismissal. The limitations depend on the business sector of the company.
The reason behind this dismissal is the suppression of the job position to which the employee to be dismissed is assigned. This situation can occur for reasons of an economic nature (e.g. drop in turnover, company crisis) or organizational (e.g. outsourcing of some activities, modification of production processes). A further requirement for being able to dismiss is the impossibility of relocating the employee to similar duties within the company organization.
If the employee to be fired was hired after the Jobs Act (7 March 2015), the employer can proceed directly with the dismissal, in compliance with the notice period provided for in the employment contract. For employees hired before the Jobs Act, if the employer has more than 15 employees, the dismissal letter for justified objective reason must proceed from the conciliation attempt in ITL (Territorial Labor Inspectorate). If, on the other hand, there are fewer than 15 employees in force, it is possible to proceed directly with the dismissal.
When using the letter of dismissal for economic reasons
The letter of dismissal for economic reasons is used for dismissals based on the following assumptions:
- the employment position of the employee to be fired was removed
- it is not possible to relocate the employee to similar positions within the company
For example, a company may decide to outsource a particular business activity, such as warehousing. If an employee was assigned to the warehouse, his job position is deleted. If it is not possible to relocate the employee within the company organization, the company may dismiss him for a justified objective reason.
Another hypothesis of justified objective reason is that of dismissal for sick leave exceeding those permitted by the collective agreement (CCNL) or by law. In this case it is necessary to use the letter of dismissal for exceeding the period of conduct.
If the company intends to make more than 4 dismissals for justified objective reasons within 120 days, it may be necessary to follow the procedure for collective redundancy. This is a requirement for companies with more than 15 employees. In other cases, however, the dismissal can take place individually.
Finally, the letter of dismissal for justified objective reason cannot be used to dismiss an employee who has committed a serious disciplinary violation. In this case, in fact, it will be necessary to first send the employee a disciplinary warning letter and then proceed with a disciplinary dismissal letter.
What does the model of the letter of dismissal for justified objective reason contain?
Our dismissal letter meets all legal requirements. The main elements included concern:
- Reasons for dismissal: to indicate the economic or organizational reasons that led to the suppression of the employee’s position
- Notice waiver: to release the employee from working during the notice period and pay the benefit in lieu of notice
- The compulsory attempt at conciliation: to enter, when necessary, information relating to the conciliation attempt in ITL
- Data of the parties: the data of the employer and the employee to be fired
- Severance powers: with the indication that the amount owed to the employee will be paid at the usual company deadlines
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- Dismissal letter for objective reasons
- Dismissal letter for objective reasons
- Dismissal letter for organizational reasons
- Letter of dismissal for economic reasons
- Dismissal letter due to illness (exceeding the period of conduct)
- Letter of dismissal from an employee
Other useful templates and facsimiles
- Disciplinary Dismissal Letter: to dismiss an employee for disciplinary reasons with immediate dismissal or notice
- Subordinate Employment Contract for Employees: to hire a worker, an employee or a manager
- Executives Employment Agreement: to hire a manager or executive
- Request for redundancy fund (CIG): to allow companies in difficulty to present an application for the redundancy fund of their employees