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Il licenziamento per giustificato motivo oggettivo “organizzativo”: la fattispecie

WP C.S.D.L.E. “Massimo D’Antona”.IT – 317/2016

Di prossima pubblicazione in Diritto Relazioni Industriali n. 1/2017

In this essay the A. deals with the delicate subject of case identification of fair dismissal, caused from an objective justification, inspired by a recent judgment that recognized the existence of organizational objective justification close to economic reason. In this additional case of dismissal, the problem is constituted by the control mode; namely whether control should concern the determination of the workplace suppression, or whether it should also address the reasons that led to the workplace suppression.
The A. notes on one side that the control, which is limited to the truthfulness of workplace suppression, actually may allow the employer to dismiss in the name of an unidentified reorganization, disguising a form of “ad nutum” dismissal.
But on the other side overcomes the objection that the control on the reasons can be considered a control over the content of the entrepreneurial choices, as such is not allowed, because the control of the reasons in fact, required by art. 3 of Law no. 604 of 1966, is a legitimacy control; therefore it is not only possible but it is also dutiful, if it is performed using objective and verifiable parameters such as the performance uselessness or the simplification of the production process etc.

author(s): Santoro-Passarelli, Giuseppe
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