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15/01/2019

Il licenziamento libero dell’apprendista al termine del periodo formativo: un dogma da superare?

WP C.S.D.L.E. “Massimo D’Antona”.IT – 384/2019



Di prossima pubblicazione in Liber amicorum Carlo Cester



The essay deals with the regulation of the termination of the employment contract at the end of the apprenticeship period. The author says that the rule which allows the employer to hire freely (that means without any justification, but only with notice) the apprentice at the end oh the training period seems like an antiquated rule. The legislator should have abolished this rule on the occasion of the several rewievs of the discipline of the apprenticeship contracts, which is a training contract. Furthermore the essay underlines that this regulation is not coherent with the definition of the apprenticeship as a permanent contract.
However, since this regulation doesn’t conflict with the principles of italian Constitution or with the European law, the author suggested to adopt a different solution for the question, according to the three types of apprenticeship, excluding, in particular, the rule of the free dismissal for the second type of apprenticeship, the so-called “apprendistato professionalizzante”.

author(s): Pasqualetto, Elena
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