Per un ragionevole, e apparentemente paradossale, compromesso sull’art. 18: riformarlo senza cambiarlo = For a reasonable, and apparently paradoxical, compromise on art. 18: reform it without changing it. WP C.S.D.L.E. "Massimo D'Antona" .IT - 140/2012

Caruso, Bruno (2012) Per un ragionevole, e apparentemente paradossale, compromesso sull’art. 18: riformarlo senza cambiarlo = For a reasonable, and apparently paradoxical, compromise on art. 18: reform it without changing it. WP C.S.D.L.E. "Massimo D'Antona" .IT - 140/2012. [Working Paper]

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Abstract

This article provides an analysis of recent debate about the reform Article 18 of “Statuto dei lavoratori”. The author finds two main reasons of the popularity of the Article 18: a current reason (the relation between the protection provided for by the Article 18 and recent debate about precarious workers) and a traditional reason (the symbolic value of Article 18) and suggests four possible reforms of current rules of dismissal: introducing fair dismissal on grounds of poor performance ); amending rules on dismissal based on economic reasons; modifying judicial interpretation of the criteria for the selection of the workers, in collective dismissals; amending current too sever remedies to unfair dismissal. The article highlights that this reforms can be enforced regardless of any changing of the Article 18.

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