Italian employment law regarding dismissal for performance and conduct

Under Italian law, employers may be able to dismiss employees for low productivity or insubordination, provided the breach of duty is significant enough to break the essential bond of trust. For a dismissal based on poor performance to be legitimate, the company must prove that the employee's slowness is due to negligence rather than external factors, and that the behavior undermines organizational efficiency.

Insubordination, characterized by a defiant attitude toward superiors, can also justify termination if it violates the requirement for diligent collaboration and respect for directives as outlined in the civil code. To avoid legal repercussions, companies must ensure that the sanction is proportional to the misconduct and that they can provide sufficient evidence of the employee's failure to meet professional standards.