Sull’inapplicabilità del nuovo art. 18 St. lav. al lavoro pubblico privatizzato = On the inapplicability of the new art. 18 St. work to privatized public work. On the inapplicability of the new art. 18 St. work to privatized public work. WP C.S.D.L.E. “Massimo D’Antona”.IT – 187/2013

Pilati, Andrea (2013) Sull’inapplicabilità del nuovo art. 18 St. lav. al lavoro pubblico privatizzato = On the inapplicability of the new art. 18 St. work to privatized public work. On the inapplicability of the new art. 18 St. work to privatized public work. WP C.S.D.L.E. “Massimo D’Antona”.IT – 187/2013. [Policy Paper]

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Abstract

The paper addresses the question of the direct applicability of article 18 (as recently amended in 2012) to “contractualized” public employment. Different opinions are taken into account. The conclusion is that, insofar as article 1, para. 7-8, Law 92/2012 is not implemented, the new article 18 (as well as the new procedure) is not applicable to public employment relationships. The paper also examines the possible implications of this solution and highlights divergences between Italian scholarship and case law.

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