Chapter Ancora due interventi della Corte costituzionale sul regime sanzionatorio del licenziamento illegittimo

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Author(s)
CESTER, CARLO cc
Language
Italian
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Abstract
The article discusses two recent Constitutional Court rulings, nos. 7 and 22 of 2024, concerning sanctions against unlawful dismissals. The first decision rejected the constitutional challenge (also in relation to European law) regarding the exclusion of reinstatement in cases of unlawful collective dismissals due to a violation of the selection criteria among workers, as provided by Article 18 of Law no. 300/1970. In the second ruling, however, the Court declared the unconstitutionality of the provision in Legislative Decree no. 23/2015 (Jobs Act), which allowed reinstatement only when nullity was explicitly provided for by law. The author generally agrees with both rulings, albeit with some clarifications.
URI
https://library.oapen.org/handle/20.500.12657/96762
Keywords
Constitutional legitimacy issues; collective dismissals; violation of selection criteria; consequences; individual dismissals; nullity not explicitly provided for
DOI
10.36253/979-12-215-0507-8.16
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
16
Rights
https://creativecommons.org/licenses/by/4.0/