Journal title GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI
Author/s Marcello Pedrazzoli
Publishing Year 2014 Issue 2014/141 Language Italian
Pages 52 P. 3-54 File size 889 KB
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The Author analyses how protections against dismissal are combined in the mayor European systems. He distinguishes three main components that have been consolidated within the last half of the century: the various substantial assumptions, that is to say the reasons justifying the expulsive measure; the form and the procedure that have to equip the expulsive measure, sometimes with external controls of its legality; and, finally, the consequent sanctions that are established for violations, inobservances, and deficiencies of the dismissal, with dilemmas and alternatives presented by the opposing remedies, reinstatement (or prosecution in employment) and indemnisation. Profound diversities in the assets arise, which are linked to choices of social spending addressed to the best functioning of the labour market. At the centre of this framework there is the dismissal for economic reasons - predominant figure of social risk, which needs a calculable cost - for which, in our recent reform, the way of a separate and different treatment has been taken.
Keywords: Dismissal; Justificatory assumptions; Reinstatement; Economic dismissal; Previous indemnity.
Marcello Pedrazzoli, Regole e modelli del licenziamento in Italia e in Europa. Studio comparato in "GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI " 141/2014, pp 3-54, DOI: 10.3280/GDL2014-141001