Riflessioni sulle recenti “vicende” normative delle dimissioni* = Reflections on recent regulatory "events" of resignation*. WP C.S.D.L.E. “Massimo D’Antona”.IT – 222/2014

Dessì, Ombretta (2014) Riflessioni sulle recenti “vicende” normative delle dimissioni* = Reflections on recent regulatory "events" of resignation*. WP C.S.D.L.E. “Massimo D’Antona”.IT – 222/2014. [Policy Paper]

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Abstract

The l. 28° of June 2012, n. 92, article 4, paragraphs 16-23, which provides that the worker’s resignation must be confirmed by different official procedures, is aimed at obviating the unfair practice of undated resignation issued at the beginning of the employer-employee relationship to be used by the employer at his discretion. As a matter of fact, a discipline of the resignation act is useful as well to prevent the practice of resignation given by the worker to avoid dismissal that are illicit for other reasons. In fact the new discipline is applicable to resignation for just cause, but not to oral or tacit resignation and includes the termination of contract by mutual consent. Furthermore, is examined the question of accordance of the procedures of confirmation used by the subject qualified with the fundamental principle of the worker’s protection. After that, the D.D.L. 26° of March 2014, n. 1409 is examined, because provides a purpose about a new legislation on the worker’s resignation. In the last part is analyzed the possible legal corrections and innovations of the current discipline that the legislator could introduce for advantaging the achievement of this objective.

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