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Unfair dismissal in the Italian legal system: recent reforms and supranational sources

Liikejuridiikka 2/2017 s. 202–217
7.7.2017
Asiantuntija-artikkeli

This article looks at recent Italian reforms which have modified the safeguards against unjustified dismissal, evaluating their compliance with values transposed in the EU Charter of Fundamental Rights and in relevant international sources. The new rules can be pictured through two significant steps: first the 2012 reform that reduces the scope of reinstatement provisions in favour of compensation guarantees and secondly the 2015 reform (named “Jobs Act”) that expands the remedy of compensation in case of dismissal for economic reasons of employees hired with the socalled “increasing protection open-term contract” and reduces compensation allowances. This paper discusses some controversial issues stemming from analyzing the reforms in the light of fundamental principles of guarantees against unlawful dismissal stated both in the European and supranational framework and reaffirms the crucial role of the judicial function in balancing different values within the employer-worker relation in cases of contested dismissal.

Asiasanat
• Euroopan sosiaalinen peruskirja - Irtisanominen - Italia - Talouspolitiikka - Työoikeus