Di prossima pubblicazione in Il Diritto del Mercato del Lavoro

The article examines the implications of the Italian Constitutional Court's ruling No. 128/2024, which ruled that art. 3.2 of Legislative Decree No. 23/2015 was unconstitutional in the part that precluded reinstatement in cases of economic dismissal without technical and economic reasons intended as a “material fact”. This decision is consistent with previous court rulings, but introduces significant nuances, particularly with regard to the concept of “repêchage”. This change could result in differing interpretations in future cases, particularly in relation to workers who were hired prior to the 2015 legislative amendments. The discussion highlights the ongoing uncertainties within the legal framework that governs dismissals. While reinstatement rights have been strengthened, challenges remain, suggesting that the stability of employment is akin to a “short blanket”.