Il licenziamento “economico” alla luce del novellato articolo 18 = The "economic" dismissal in light of the new article 18. WP C.S.D.L.E. “Massimo D’Antona”.IT – 203/2014

Gargiulo, Umberto (2014) Il licenziamento “economico” alla luce del novellato articolo 18 = The "economic" dismissal in light of the new article 18. WP C.S.D.L.E. “Massimo D’Antona”.IT – 203/2014. [Policy Paper]

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Abstract

The essay analyzes the new discipline for dismissals introduced by law 92/2012 with reference to economic dismissal. The A. believes, however, that the reform of the sanctions determines a surreptitious change of the reasons for individual dismissal. The article then examines the role of the judge and the margins of discretion for judicial intervention, with particular reference to the option between reinstatement and compensation for damages. In the second part, the essay focuses on the issue of repêchage, investigating on its foundation and relationship with the case of objective justification, on profiles of procedural nature and on the consequences of the reform on the prescription of worker’s claims.

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