“The Court – we read in a passage of the provision with which collective redundancies were revoked – in partial acceptance of the appeal, ascertained the anti-union behavior” of Gkn in dismissing 422 employees via email. The Court, therefore, to Gkn to “revoke the opening letter of the procedure pursuant to Law 233/91” and to “put in place the consultation and comparison procedures of article 9 part one of the CCNL and of the company agreement of 9 July 2020 indicated in the motivation “.
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Before the dismissals, no communication to the unions – “Although the entrepreneur’s discretion with respect to the decision to cease business activity is not in question (expression of the freedom guaranteed by Article 41 of the Constitution), nevertheless the entrepreneurial choice must be implemented in a manner that respects the principles of good contractual faith and correctness, as well as the role and prerogatives of the trade union “. The Florence labor judge, Anita Maria Brigida Davia, writes this in the decree revoking the dismissals.
“Gkn in deciding the immediate cessation of production – reads the decree – at the same time decided to refuse the work performance of the 422 employees (whose employment relationship continues by law until the collective dismissal procedure is closed), without mentioning a specific reason that imposed or otherwise made the aforementioned refusal appropriate, which is certainly contrary to good faith and makes plausible the will to limit the activity of the union “. “
As for the respect of the role of the union itself – clarifies the judge – the closure of 24 hours for ‘collective par’ appears significant, agreed with motivation which subsequently proved to be spurious and artfully programmed for the day following that set to decide the cessation of activity, in so as to be able to communicate the aforementioned termination to the workers and to the union with the factory already closed “.
The Gkn stops the layoffs but reserves the right to appeal the sentence – Following the sentence, the GKN immediately stopped the dismissal procedure. In an official letter sent to the ministries of Labor and Economic Development, the CEO of Gkn Driveline writes: “In consideration of the condemnation by the court of Florence, we revoke the dismissal procedure (without this being considered acquiescence and with every broader reserve of appeal) “. In the next few hours, the company and trade unions are summoned to the Ministry of Economic Development in Rome.
The factory collective: “Don’t you dare start dismissal letters”
“Don’t you dare to send those letters. Melrose no longer has any credibility. The Italian state should decide if it wants to join in this sensational loss of credibility.” Thus the Gkn factory collective, according to which the government must “urgently decree the suspension of the dismissal procedures in progress (of 223) for us and for the other disputes.” If the government does not propose an anti-relocation dl – adds the collective – we ask for him to be raised by Parliament. The pool of labor lawyers who responded to our appeal has prepared a text that reflects the 8 points approved by the workers’ assembly. “The text of the petition on Change.org.
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