The legitimacy of the exclusion from the pandemic ban on individual dismissal and the indispensable legal notion of manager.
Journal title GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI
Author/s Antonello Zoppoli
Publishing Year 2026 Issue 2025/188
Language Italian Pages 19 P. 788-806 File size 266 KB
DOI 10.3280/GDL2025-188012
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The Author examines the Constitutional Court judgment no. 141 of 2025, which affirmed the constitutional legitimacy of excluding managers from the pandemic era ban on individual dismissals for an objective justified reason. In the Author’s view, the judgment is significant well beyond the pandemic context, as it concerns the broader regulation of the manager’s dismissal and the very notion of his executive role. The decision, in fact, clearly reaffirms the legal definition of manager, which must be properly framed and characterized by an autonomous organizational power. The Author, therefore, identifies the particular strength of the manager in the labour market – stemming from his position within the organization – as the cornerstone of the judgment, as well as the element capable of providing stability to the balancing of interests throughout the entire regulatory framework governing the manager’s dismissal including his protection.
Keywords: Pandemic dismissal ban; Legal notion of manager; Autonomous organizational power; Particular strength in the labour market.
Antonello Zoppoli, La legittimità dell’esclusione dal divieto pandemico di licenziamento individuale e l’imprescindibile nozione legale di dirigente in "GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI " 188/2025, pp 788-806, DOI: 10.3280/GDL2025-188012