Editorial

Editor in chief

Bruno Caruso
University of Catania

Editorial board

Anna Alaimo
University of Catania

Edoardo Ales
University of Cassino

Marzia Barbera
University of Brescia

Bruno Caruso
University of Catania

Filip Dorssemont
University of Louvain "La Neuve"

Maximilian Fuchs
University of Ingolstadt

Stefano Giubboni
University of Perugia

Nicola Kountouris
University College London

Antonio Lo Faro
University of Catania

Julia López
University Pompeu Fabra of Barcelona

Jonas Malmberg
University of Uppsala

Giancarlo Ricci
University of Catania

Silvana Sciarra
University of Firenze

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.
Attached ITA
Attachment Size
20140306-045545_natullo_n200-2014itpdf.pdf 214.88 KB
Authors
Natullo, Gaetano
Keywords
working papers , Italy , reforms , termination of employment , dismissal,rights of workers,unfair dismissal ,collective dismissal , indemnification , interpretation of the law