19/10/2015

I licenziamenti nel Jobs Act

WP C.S.D.L.E. “Massimo D’Antona”.IT – 273/2015



Questo scritto è destinato al Trattato di diritto del lavoro diretto da Mattia Persiani e Franco Carinci, Vol. V, L’estinzione del rapporto di lavoro subordinato, Capitolo VIII, Le tutele, Sezione seconda.


The paper analyzes in details the latest regulation about the sanctions provided in case of wrongful or unfair dismissal. These rules are included in the Restatement (“Legge Delega”) No. 183 of 2014 and in the subsequent legislative decree No. 23 of 2015, which implemented the reform.

This work is part of the Labour Law Treatise edited by Mattia Persiani and Franco Carinci.

The Author analyzes the most important Reform’s profiles, that will be applied to the employees hired after the law will be in force.

In particular, the Author considers the limited cases under which the reinstatement is guaranteed, that’s to say only for discriminatory and null dismissals and for few cases of unfair disciplinary dismissals, not in case of redundancy for economic reasons.

When the reinstatement is not provided, the law assigns to the employee only an economic indemnity, calculated in reason of seniority. In this latter case, the employment relationship will be held as definitely terminated. With regards to this rule, the Author wonders if the latest national regulation could be considered contrasting with the European legislation.

author(s): Cester, Carlo
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