Il licenziamento individuale per giustificato motivo oggettivo dopo la riforma Monti-Fornero = Individual dismissal for justified objective reason after the Monti-Fornero reform. WP C.S.D.L.E. “Massimo D’Antona”.IT – 160/2012

Albi, Pasqualino (2012) Il licenziamento individuale per giustificato motivo oggettivo dopo la riforma Monti-Fornero = Individual dismissal for justified objective reason after the Monti-Fornero reform. WP C.S.D.L.E. “Massimo D’Antona”.IT – 160/2012. [Policy Paper]

PDF - Published Version Download (229Kb)

Abstract

The A. analyses the impact of the Monti-Fornero Reform on the discipline of wrongful dismissals. The first element appraised is the normative disconnection between the review of legality of the dismissal and the system of applicable sanctions; the second is the inevitable increase in legal uncertainty that this divide will cause. Another aspect that is worth examining is the lack of coordination between the new notion of ‘inefficient dismissal’, as used in the Reform, and the general category of inefficiency that is traditionally in use in the law of contracts. The article will observe the different hermeneutic difficulties inherent in the formula ‘manifest inexistence of a case to answer’ (manifesta insussistenza del fatto). It is submitted that the preferred interpretation should be based on a legal notion of the fatto (the prohibited conduct), which comprises also those elements that make up the concept of termination for cause, in light of the current practice.

Actions (login required)