¿With a broad interpretation of article 6 of Law 236/1991, Ministry of Labour treats, for the purpose of subscribing to the list of mobility ¿', the professional business. The questioning
n 10/2011 answers the question posed by the National Council of Advisors of Labor, seeks to clarify the possibility for employees of professional firms redundancy or termination of staff, to be entered on the list of mobility in Article 6, paragraph 3 of Law No 223/1991. According to the
invoked Article 4 of Law No 236/1991, may be included in lists of mobile workers laid off by companies, including cooperatives or artisan production and labor, which employ less than fifteen employees, fired for justified objective reason attributable to reduction, alteration or termination of employment .
The Ministry of Labour points out that the European Court of Justice, Case C-32/02 of deciding the sentence of Italy - have to be maintained in a national legislation (in this case the law 223/1991) which excluded the protection of workers in the event of collective redundancies effected by non-profit organizations - has already ruled that the Directive No 98/59/EC identifies the "employers" as recipients of the obligations arising from it and should also apply to natural or legal persons who, acting in their activities, are parties to an employment relationship within the meaning of Community law .
Therefore, according to the European Court of Justice called the Law 223 / 9, limiting the application of safeguards available to workers in case of dismissal, only to businesses, wrongly excludes other employers, and this appears in contrary to the directive, which aims, instead, to extend the protections. The reference to the company must therefore be understood in a broad sense, thereby enabling the inclusion in the lists of mobility even for employees of professional, objective fired for just cause, due to reduction, alteration or termination.
If she holds a seniority of at least twelve months, including at least six of actual work to these workers can be also recognized the benefits of mobility in derogation within the meaning of Law 203/2008, No 2 / 2009 and No. 33/2009. These provisions were extended to certain categories of workers for il settore di attività o per le dimensioni aziendali sono esclusi dagli ordinari ammortizzatori sociali, la cassa integrazione e la mobilità “in deroga”. Pertanto, l’indennità di mobilità in deroga può essere erogata anche dai dipendenti licenziati da studi professionali a seguito della crisi, se posseggono i requisiti richiesti e dichiarano la loro immediata disponibilità al lavoro e a percorsi formativi, senza che rilevi la forma giuridica, individuale o associata, dello studio professionale di provenienza.
(Interpello Ministero del Lavoro e delle Politiche Sociali 08/03/2011, n. 10)
Fonte: IPSOA
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