Ripensando il “nuovo” art. 18 dello Statuto dei lavoratori = Rethinking the "new" art. 18 of the Workers' Statute. WP C.S.D.L.E. “Massimo D’Antona”.IT – 172/2013

Carinci, Franco (2013) Ripensando il “nuovo” art. 18 dello Statuto dei lavoratori = Rethinking the "new" art. 18 of the Workers' Statute. WP C.S.D.L.E. “Massimo D’Antona”.IT – 172/2013. [Policy Paper]

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Abstract

The A. analyses the recent reform of article 18 of the Workers’ Statute and the impact of the so-called "Monti-Fornero" reform on the role of the judicial interpretation. The A. analyses, from this point of view, the application of the new rules to the public sector; then the A. considers the difference between formal violations and substantial violations of the rules of dismissal; the difference between subjective and objective reasons for dismissal; above all, in particular, the A. proposes a solution to solve the crucial problem of the notion of discriminatory dismissal with its particular system of judicial protection.

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