Journal title GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI
Author/s Maria Teresa Carinci
Publishing Year 2012 Issue 2012/136 Language Italian
Pages 46 P. 527-572 File size 496 KB
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This article was written while the labour market reform was still debated in the Parliament. After a brief overview on the Italian occupational situation as well as on different flexicurity models adopted in some European Countries, the Author takes into account the so-called "Italian Flexibility" as it has been assumed in the Fornero reform (now Act 92/2012). First, the A. considers some legal tools related to entry flexibility that have been revised in the reform. Second, the discriminatory dismissal or the dismissal based on illicit reasons and the unfair dismissal are taken into consideration. The A. suggests a broad interpretation of the formers and a more restrictive interpretation of the latter in order to allow the reinstatement to remain in a large number of cases. Last, the A. throws into sharp relief some critical issues; mainly, in the global scenario, a successful regulatory model should be based on the development of flexibility within the employment relationship rather than on the reduction of the employment protection at the exit.
Keywords: Labour market reform; Flexicurity; Unfair dismissal; Discriminatory dismissal, Entry flexibility; Exit flexibility
Maria Teresa Carinci, Il rapporto di lavoro al tempo della crisi: modelli europei e flexicurity "all’italiana" a confronto in "GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI " 136/2012, pp 527-572, DOI: 10.3280/GDL2012-136002