A new blow comes for workers, given that it will now also be possible to fire them for laziness: the latest measure is worrying.
Unfortunately, we are not all the same in the workplace and this does not only apply to employees, but also to employers. These can often make a subjective evaluation of the performance of their employees. In the last period, however, the latter have to be careful about dismissal due to laziness or poor work performance. A ruling from the Supreme Court has also arrived in this regard.
According to this, in fact, dismissal for poor performance can fall within the hypotheses of disciplinary dismissal. According to a recent ordinance, it was remembered what the prevailing direction is in these cases. The Supreme Court itself has underlined that this type of dismissal can occur in cases of significant failure by the worker to fulfill contractual obligations. However, the Court also warned employers about the possibility of using this type of provision.
Dismissal arrives for laziness and poor performance: when it can become reality
Dismissal for poor work performance is a disciplinary action that can be taken by an employer when an employee does not respect the contractual obligations of diligent collaboration and does not reach the pre-established standards in the reference period. The legitimacy of this dismissal was confirmed by the Court of Cassation, which underlined the importance of an overall evaluation of the activities carried out by the employee and the data provided by the employer.
According to jurisprudence, dismissal for poor performance is justified only in the presence of a serious violation of contractual obligations by the employee, highlighted by a significant disproportion between the objectives set and what was actually achieved. At the same time it is important to note that the employer cannot establish a “minimum production threshold” arbitrary, but must be based on the average of the activities carried out by the various employees. A crucial aspect concerns the distinction between dismissal for poor performance and dismissal for objectively justified reasons.
The latter is applicable only in cases of prolonged absences due to illness, after exhaustion of the days provided for in the collective labor agreement. The procedure for dismissal for poor performance requires the employer to follow a series of stepsincluding sending a notice to the employee, a written objection to the offending conduct and the possibility for the employee to defend himself within a certain period.
In the event of a dispute over the dismissal, the employer must demonstrate the objective feasibility of the expected result and the serious breach of contractual obligations by the employee. In conclusion this disciplinary measure can only be adopted in case of serious violations of contractual obligations by the employeebut a precise procedure must also be followed, with the employer having to provide the right evidence.
Born in ’97, active copywriter since 2014. Member of the journalists’ association since 2022, I cover lifestyle articles, gossip, sports, technology, economics and much more. Passionate about music, football and basketball, in my free time I cultivate a strong passion for writing and reading.
