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06/03/2014

Tutele collettive versus tutele individuali nella riforma dei licenziamenti collettivi (L. n. 92/12)

WP C.S.D.L.E. “Massimo D’Antona”.IT – 200/2014


Contributo  destinato alla pubblicazione negli Studi in memoria di Mario Giovanni Garofalo.



This contribution deals with the changes made by the recent reform - Law no. 92 of 28 June 2012 - on regulation of collective dismissals, by adopting two main guidelines: a) the impact on the previous regulatory framework, b) the systematic comparison with new rules on individual dismissals which have represented the "model" of reform also for collective dismissals.

The analysis leads to a negative overall evaluation of the reform (shared by many commentators), due to the following main reasons:

  • the new Act "upsets" the previous system, which was based on the essential role of procedures (and particularly of collective bargaining) instead of the judicial control without counterbalancing, as regards the sanction, with a re-evaluation of the role of the judges:

  • it increases the role and powers of the trade unions with an excessive compression of subjective positions of the individual workers.


author(s): Natullo, Gaetano
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