Abstract

The author gives prominence to the diffusion, in legal literature, of the tendency to attract the remedy "reinstatement" (art. 18 of "Statuto dei lavoratori") toward the remedy "compensation for damages". This appears to be the consequence of a "weak" theory of employment relationship and therefore of art. 18 interpreted as a sort of anomaly in the frame of general principles. On the contrary, the protection based on reinstatement is a kind of specific remedy reserved to the rights arising from the employment relationship.