Maria Vittoria Ballestrero

About remedies: art. 18 of the Workers' Statute and its unlikely resurrection

  • Abstract

Informations and abstract

Keywords: Unfair Dismissal; Workers' Statute, Art. 18; Remedy of Reinstatement; Descending Trend.

In this essay, the author recalls the history of the four unsuccessfull referendums, in which the promoters alternatevely demanded either the repeal of the reinstatement remedy provided by art. 18 of the Workers' Statute in case of unfair dismissal or its extension to all employees regardless the size of the undertaking. As far as the last of the four referendums is concerned, the author pays a particular attention on the recent judgment of the Constitutional Court that declared the referendom inadmissible. In the conclusion, the author makes some critical remarks on the decision of the Tibunal of Rome which raised the incostitutionality exception of a number of rules on unfair dismissal provided by the Legislative Decree No. 23/2015.

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