CASE STUDY

Case Study

Case Study

His plan had been to close down Division 1 and to make all the employees there redundant. However, now he is not sure. Should he select those to be made redundant from across all four divisions? He has never handled a redundancy situation before, and he does not know what to do. Advise him on an appropriate approach to the redundancy, remembering to address the issue of the selection pool.

A collective dismissal is a dismissal that involves simultaneously a plurality of workers and resulting in a suppression of jobs resulting in a reduction, alteration or cessation of business or employment. The area is governed by the law of 23 July 1991 n. 223 which the Italian State has received as a result of two convictions of the European Court of Justice for not implementing the EEC Directive n. 129, 1975. Legislations have issued in implementation of EEC Directive 56 of 1992 on the approximation of Member States' legislation on collective redundancies, the partially altered in 223/1991 (Baumol, Blinder, et al, 2003, p. 33). The Legislative Decree No 8 April 2004. 110 has extended the regulation of collective redundancies also to employers are not entrepreneurs. It is in the House during the discussion of a draft labor law Pietro Ichino for the introduction of a model of flexicurity, born in Scandinavia. The reform provides insurance cover against unemployment and a reasonable compensation to be paid by employers, and the absolute immunity of judges of the work of multiple individual dismissals for just cause (Baumol, Blinder, et al, 2003, p. 33). The employer who wants to make collective redundancies must notify in advance:

To any association or union to RSA only if present.

For associations.

The provincial office of labor or work or to the Regional Directorate of the Ministry of Labor, according to the scale of pay (respectively, provincial, regional or national).

The notification must include:

The reasons determining the surplus of personnel.

Technical reasons, organizational and / or production for which you believe you cannot avoid layoffs.

The number, location and company profiles and professional staff in excess of those normally occupied.

The "time of implementation" of the procedure (Baumol, Blinder, et al, 2003, p. 33).

Following information from the trade unions or associations, within 7 days of the same, may require the 'joint examination (bilateral comparison) as to why oversupply and the study of alternatives to collective redundancies (Mroczkowski, Hanaoka, 1997, p. 226-56). Alternative measures that need to be examined include:

The possibility of operation by workers in the same undertaking work of equal or lower level at the respective location.

The transfer.

The outsourcing with possible escape clause to other group companies, associate, subsidiary, and finally, not having any relationship with the company owned by the transferor (Mroczkowski, Hanaoka, 1997, p. 226-56).

In case of failure of the joint can produce a second consultation (three-way comparison) on the initiative of the provincial work that examines this issue with the employer and union representatives. Having completed the consultation stage, with or without union agreement, the employer may proceed to the ...