Licenziamento e malattia: le parole e i silenzi del legislatore = Dismissal and illness: the words and silences of the legislator. WP C.S.D.L.E. “Massimo D’Antona”.IT – 248/2015

Voza, Roberto (2015) Licenziamento e malattia: le parole e i silenzi del legislatore = Dismissal and illness: the words and silences of the legislator. WP C.S.D.L.E. “Massimo D’Antona”.IT – 248/2015. [Policy Paper]

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Abstract

This paper focuses on dismissal connected to employee sickness, ruled by the article nr. 2110 of Civil Code which establishes the suspension of the employment relationship in certain circumstances such as sickness. This provision has been long considered a special rule in comparison with the general discipline on dismissals. The rule raises some serious questions (just in relation to the wider legislation on dismissals), not fully solved in the long jurisprudential debate. Not even the latest reforms in matter of dismissal (Law nr. 92/ 2012 and Legislative Decree nr. 23/ 2015) have faced organically the link between dismissal and disease. The paper, therefore, is part of a discussion to remain open to multiple interpretative solutions.

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