REINSTATEMENT

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Italy
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ITALY
REINTEGRAZIONE (NEL POSTO DI LAVORO)
REINSTATEMENT

Actual resumption of the employment relationship, which is obligatory on an employer who has carried out a dismissal judged by the courts to be invalid, in cases where the employment relationship enjoys guaranteed reinstatement . It is recognized that it is impossible to enforce the obligation to reinstate and compel the employer to accept the work of the reinstated employee; however, even in cases where de facto reinstatement fails to take place, employers are obliged to pay employees the remuneration due to them from the time of the judge's reinstatement order until the time of actual reinstatement or, failing this, until the end of the employment relationship . Extra protection is afforded to members of plant-level union structures , since the judge's reinstatement order can be issued even before the final decision is pronounced, and employers who fail to comply with the order must not only pay the remuneration due but also pay to the INPS a sum equal to that remuneration.


Please note: the European industrial relations glossaries were compiled between 1991 and 2003 and are not updated. For current material see the European industrial relations dictionary.