Il licenziamento illegittimo nel contratto a tutele crescenti: il nuovo parametro di determinazione del risarcimento = Illegitimate dismissal in the contract with increasing protections: the new parameter for determining compensation. WP C.S.D.L.E. “Massimo D’Antona”.IT – 359/2018

tt, w (2018) Il licenziamento illegittimo nel contratto a tutele crescenti: il nuovo parametro di determinazione del risarcimento = Illegitimate dismissal in the contract with increasing protections: the new parameter for determining compensation. WP C.S.D.L.E. “Massimo D’Antona”.IT – 359/2018. [Policy Paper]

PDF - Published Version Download (682Kb)

Abstract

The Legislative Decree no. 23/2015 – which introduced the new employment contract, of unlimited duration, called “Increasing Protections (Labour) Contract” – contemplated, inter alia, a new parameter for determining the scope of the employer’s monetary liability vis-à-vis the employee whom had been illegitimately dismissed (i.e., the “last salary amount” used to compute the so called “discharge bonus” the employee is entitled to, under Italian Labour Law, whenever the employment relationship comes to an end). Whereas such a parameter should be distinguished from the other parameter (known as “the last global salary as a matter of fact”) used by Article 18 of Law no. 300/1970, as amended, the present article takes up the practical issues that resulted from the legislative choice of 2015, also in connection with both the exception mechanism provided by Article 8, para. 2, letter c) of the Law Decree no. 138/2011, and all those expected difficulties in identifying the actual meaning of the “last salary”, especially in the light of the judicial order issued by the Court of Rome, which called for the Constitutional Review of Article 1, para. 7, lett. c), of the Law no. 183/2014, as well as Articles 2, 3 and 4 of the Legislative Decree no. 23/2015, due to alleged breaches of Articles 3, 4, 76 and 117, para. 1, of the Italian Constitution.

Actions (login required)