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        Chapter L’art. 2103 c.c. dopo il Jobs Act e la latitudine dell’obbligo datoriale di repêchage

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        Author(s)
        CALCATERRA, Luca cc
        Language
        Italian
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        Abstract
        The essay analyzes the impact of the reform of art. 2103 c.c., which linked the employer’s ius variandi to the collective bargaining’s classifications, on the obligation to employ the worker in different tasks to avoid dismissal (cd. repêchage). After criticizing the lack of attention of the legislator for the consequences of the 2015 reform, the work focuses on the effort made in the last contract renewals, that in many sectors have linked classifications to the professionalism of the workers, highlighting that these efforts do not seem sufficient to solve the problems posed by the reform of art. 2103 c.c. The pivot of the system is then identified in the obligation of training provided for under art. 2103 c.c. third paragraph, seen as a form of reasonable arrangement as those provided for by the UN Convention of 2006, EC Directive 2000/78 and national legislation. It is highlighted that the logical background common to all forms of adaptation of the organization aimed at avoiding dismissals is that of the resolution for excessive burdens referred to in art. 1467 c.c. On this basis, finally, the jurisprudence that identifies the limit of organizational adaptations useful to avoid dismissal in the possession by the worker of the professionalism necessary for the performance of the tasks of destination is criticized.
        URI
        https://library.oapen.org/handle/20.500.12657/96757
        Keywords
        Ius variandi; repêchage; 2015 reform; obligation of training
        DOI
        10.36253/979-12-215-0507-8.11
        ISBN
        9791221505078, 9791221505078
        Publisher
        Firenze University Press
        Publisher website
        https://www.fupress.com/
        Publication date and place
        Florence, 2024
        Series
        Studi e saggi, 259
        Classification
        Employment and labour law: general
        Pages
        20
        Rights
        https://creativecommons.org/licenses/by/4.0/
        • Imported or submitted locally

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        • If not noted otherwise all contents are available under Attribution 4.0 International (CC BY 4.0)

        Credits

        • logo EU
        • This project received funding from the European Union's Horizon 2020 research and innovation programme under grant agreement No 683680, 810640, 871069 and 964352.

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