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- Title
2019/4 The Italian Jobs Act (Legislative Decree no. 23 of 2015) reforming the protection against unfair dismissal contrasts with the European Social Charter 1996 (IT).
- Authors
Pilati, Andrea
- Abstract
2019/4 The Italian Jobs Act (Legislative Decree no. 23 of 2015) reforming the protection against unfair dismissal contrasts with the European Social Charter 1996 (IT): On 8 November 2018 the Italian Constitutional Court prohibited the reform of the protection against unfair dismissal introduced by the so-called Jobs Act (Legislative Decree no. 23 of 4 March 2015), insofar as it imposed a requirement on the judge to quantify the compensation due for unfair dismissal based on an employee's seniority only. According to the Court, such a requirement violated not just internal constitutional norms, but also Article 24 of the (Revised) European Social Charter of 1996. This contribution focuses particularly on the EU law questions deriving from such an important judgment.
- Subjects
ITALY; DISMISSAL of employee laws; LABOR contracts; EMPLOYEE rights lawsuits; EMPLOYMENT discrimination; UNEMPLOYMENT
- Publication
European Employment Law Cases, 2019, Vol 4, Issue 1, p26
- ISSN
1877-9107
- Publication type
Article
- DOI
10.5553/EELC/187791072019004001005