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        Chapter Tra dottrina e giurisprudenza: l’evoluzione dei criteri di legittimità nel licenziamento collettivo a bacino ristretto

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        Author(s)
        Mazzetti, Michele cc
        Language
        Italian
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        Abstract
        Professor Riccardo Del Punta's extensive work on individual and collective dismissals has significantly contributed to the field over his four-decade career. His initial focus was on collective dismissals and his research explores the complex legal dynamics of this type of dismissal. Moving from Del Punta's work, this article explores "restricted pool" collective dismissals. While the concept of limiting collective dismissals to a predetermined group of workers is generally accepted, determining the limits and legitimacy conditions is complex. The challenge is balancing employer interests with worker rights, particularly given the ambiguous legislation. Caselaw has evolved from merely ensuring consistency between business needs and the restricted pool to a deeper examination of the underlying reasons. Key factors include the fungibility of job roles and the employer's burden of proof to justify the selection criteria.
        URI
        https://library.oapen.org/handle/20.500.12657/96797
        Keywords
        Collective dismissals; restricted pool; labour law; legitimacy conditions; case law
        DOI
        10.36253/979-12-215-0507-8.51
        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/
        • Imported or submitted locally

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        License

        • 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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