Profilo costituzionale del licenziamento nullo = Constitutional profile of the null dismissal. WP C.S.D.L.E. “Massimo D’Antona”.IT – 305/2016

Bavaro, Vincenzo and D’Onghia , Madia (2016) Profilo costituzionale del licenziamento nullo = Constitutional profile of the null dismissal. WP C.S.D.L.E. “Massimo D’Antona”.IT – 305/2016. [Policy Paper]

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Abstract

The article deals with the dismissal null and void after the entry into force of Legislative Decree n. 23 of 2015. After rebuilding the salient features of the sanction of dismissal unlawful, the authors focus, first, on the distinction between nullity and annulment of the dismissal, arguing the logical-legal correlation between nullity and remedy of reinstatement. The article reflects on the foundation of the dismissal invalidity which is led back to the protection of public interests underlying the mandatory rules. In this perspective the nullity certainly derives from the violation of constitutional norms with particular reference to the rights enshrined in art. 41, paragraph 2 of the Constitution; according to the authors, when the dismissal runs counter to the social utility and affects the dignity of workers, can not be null.

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