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27/07/2020

Blocco dei licenziamenti al tempo del Covid-19: alla ricerca delle tipologie di licenziamento che ne risultano investite (note minime)

WP C.S.D.L.E. “Massimo D’Antona”.IT – 424/2020



Il contributo è destinato a Variazioni su temi di diritto del lavoro (VTDL).


The essay highlights the types of dismissal that are subject to the blockade at the time of Covid 19 (art. 46 of the law decree so-called “Sana Italia”, as converted, with subsequent amendments), starting from their definition and ratio legis.

Defining these typologies, their identification - nominatim and by referring to the legal notions (collective dismissal ex art. 24 of Law 221 of 1991 and dismissal for justified reason) - is related with the ratio of the blockade : the risk of job redundancies is entirely charged to the employer, with the social compensation of aid to undertakings financed by general taxation that at the end remains burdened by the charge.

The definition of the typologies is aimed at identifying - on the basis of their motivation - the dismissals subject to the blockade, regardless of any scrutiny about compliance - and, even earlier, about the applicability - of the regulation envisaged for the same type of dismissal (art. 24 law no. 223/1991, law no. 604/1966).

As a result, economic dismissals, both collective and individual, are subject to the blockade.

Hence, the analytical identification of the economic dismissals excluded from the blockade is consistent as well as the inclusion of individual economic dismissal of managers, essentially - but not exclusively - on the basis of the alleged irrelevance of the inapplicability of the related limiting discipline (law 604/1966 cit., in particular art. 10).

Among other things, collective dismissal of executives are subject to the blockade and this seems to be uncontroversial: in fact, the exclusion of individual economic dismissal is clearly absurd and unreasonable.

A final consideration relates sanction regime and its implications in a procedural perspective.

author(s): De Luca, Michele
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