Marco Novella

Certification of Employment Contract and Judicial Protection

  • Abstract

Informations and abstract

Keywords: Employment Contract; Certification; Mandatory Rules; Judicial Protection.

The article investigates the relationship between the certification of the employment contract and the power of judicial review, from the origins of the debate to the amendments introduced by the "Collegato lavoro" (Act n. 183/2010). According to the Author, the survey must be carried out by taking into due account the constitutional guarantees of the judicial protection of employment rights and the constitutional principles governing the role and the prerogatives of the judicial authority. In the light of these principles, it seems possible to find a solution to the major issues involved. The Author denies that, after the "Collegato lavoro", the certification can play the role of assistance to the parties of the contract in order to derogate from mandatory rules. The author also denies that certification might be regarded as a form of "assisted derogation" (the so called "derogabilità assistita") by limiting judicial actions against the certification. On the contrary, insofar as employment rights are conferred to workers by mandatory rules, a full and effective judicial protection should be guaranteed.

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