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10/02/2015

Measures to protect unlawfully dismissed employees. The Italian Legislative Model compared to the one in force in Malta

WP C.S.D.L.E. “Massimo D’Antona”.INT – 116/2015


Forthcoming in  Lavoro e Previdenza Oggi, 2015.


The present document is an abstract of an exhaustive research-study on the matter of Measures to protect unlawfully dismissed employees. The Italian Legislative Model compared to the one in force in Malta. It was carried out at the University of Malta under the supervision of prof. Godfrey Baldacchino.



Considering that it does not currently exist a common “corpus” of rules on the matter of measures to protect unlawfully dismissed employees directly applicable within the EU, each EU Member State is free to determine the protection rules they want to grant with the only boundary to comply with the principles and the rules of the European Law regarding specific aspects of the termination of the employment relationship.  The w.p. is firstly aimed at finding a response to the issue whether the protective measures granted to unlawfully dismissed Italian employees (considering the way in which those measures are applied by judges) may be deemed “stronger” than the ones granted to Maltese employees or vice-versa.  Secondly, it is aimed at understanding whether, in light of the amendments to Art. 18 of the Law No. 300 of 1970, the differences between the Maltese Law and the Italian Law regarding the protective measures granted to unlawfully dismissed employees are nowadays more apparent than real. Finally, this study constitutes: a) an “attempt” to show that, although a common “corpus” of rules applicable within EU - which equally protects all the unlawfully dismissed employees - does not currently exist, it is also true that EU Member States are actually implementing by themselves a “new universal” European Law; b) an example of how different legislative models (i.e.: the Italian legislative model and the Maltese one) could blend together.



author(s): Bruno, Angela
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