Meccanismi di moderazione del danno nel nuovo art. 18 dello statuto dei lavoratori: l’ospite sgradito* = Damage moderation mechanisms in the new art. 18 of the workers' statute: the unwelcome guest *. WP C.S.D.L.E. “Massimo D’Antona”.IT – 180/2013

Avondola, Arianna (2013) Meccanismi di moderazione del danno nel nuovo art. 18 dello statuto dei lavoratori: l’ospite sgradito* = Damage moderation mechanisms in the new art. 18 of the workers' statute: the unwelcome guest *. WP C.S.D.L.E. “Massimo D’Antona”.IT – 180/2013. [Policy Paper]

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Abstract

One year after the so-called ‘Riforma Fornero’ was enacted, the heated debate created by the changes to the art. 18 St. Lav. has not abated. On the contrary, the new law continues to raise doubts, even on aspects that were initially considered to be marginal compared to the core of the law. In particular, these refer to the lawmakers’ debatable choice to explicitly mention in the law’s text the possibility of deducting aliunde perceptum and aliunde percipiendum from damage compensation. This choice has generated questions regarding its interpretation and it is further clouded by the absolute absence from the same statute of any equally explicit reference to the so-called ‘danno ulteriore’.

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