Issues on public employee’s and executive managerial staff’s dismissal

Author/s Sandro Mainardi
Publishing Year 2019 Issue 2019/161 Language Italian
Pages 16 P. 171-186 File size 216 KB
DOI 10.3280/GDL2019-161008
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This article explores the recent evolution of Italian legislation on disciplinary dismissal in employment in public administrations, also with regard to executives staff. After analyzing the structure of the legal and contractual sources on the subject, the article considers the material and procedural mandatory rules in articles 54-55 sexies of Legislative Decree no. 165/2001. Some excess of detailed legal rules is highlighted, as well as a sometimes excessive acceleration of the legal terms of the disciplinary procedure. It also highlights some differences between the purpose of the legislator and the real effects of the legislation, e.g. as regards dismissal for poor performance. From the overall analysis it emerges that the principle of proportionality remains, also after the recent reforms, pre-eminent in the regulation of the disciplinary power of the public employer.

Keywords: Public employee; Executives and Managerial staff; Disciplinary Dismissal; Dis-ciplinary procedure.

Sandro Mainardi, Questioni in merito al licenziamento disciplinare del dipendente e dirigente pubblico in "GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI " 161/2019, pp 171-186, DOI: 10.3280/GDL2019-161008