I licenziamenti e le procedure concorsuali = Layoffs and insolvency proceedings. WP C.S.D.L.E. “Massimo D’Antona”.IT – 354/2018

Lassandari, Andrea (2018) I licenziamenti e le procedure concorsuali = Layoffs and insolvency proceedings. WP C.S.D.L.E. “Massimo D’Antona”.IT – 354/2018. [Policy Paper]

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Abstract

The essay analyzes various issues directly related with the recent repeal of Article 3, Law n. 223/1991, as far as the protection of workers is concerned. To be more accurate, the Author focuses on the settled case-law, which tends to extend the application of Article 72 of Italian Bankrupting Law to employment relationships. As a consequence, employment relationships should be considered as suspended, without any wage payment, until the insolvency administrator establishes the continuation or the dissolution (with retroactive effects, from the declaration of bankruptcy). Furthermore, the analysis pays attention to the dismissals’ framework and its links with bankruptcy proceedings.

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