Antonio Carratta

The precautionary measures in the prism of labour law jurisdictional remedies

  • Abstract

Informations and abstract

Keywords: Precautionary Measures; Interim Measures; Concept of Periculum in Mora; Irreparable Prejudice; Rights Involved in the Employment Relationship; Unfair Dismissal.

The paper examines the issue of the precautionary interim measures in labour law. Analyzing the evolution of the issue over the last fifty years, it investigates the application of these remedies and the legal situations which fall within the concept of periculum in mora (described in art. 700 italian code of civil procedure as the well-founded fear that, pending issue of a ruling on the merits, the right which the interim measure seeks to safeguard may be irreparably harmed). In particular, it examines the evolutionary lines of the use of precautionary measures in labour law and the areas in which it continues to play an extraordinary role: the worker's rights to reinstatement in the case of unfair dismissal, the worker's right to remuneration, the control of the employer's powers and the fulfillment of his duties. The paper ends with the argument that the precautionary measures in labour law are an indispensable remedy to ensure the effectiveness of the judicial protection of rights involved in the employment relationship.

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