Anna Rita Tinti

Redundancies and collective dismissals: bets and renunciations

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Abstract

The discipline of personnel redundancies appears to be inspired not by the value of job security, but by the demand to safeguard the number of workers employed, in events which are characterized by a presence of several conflicting interests. The enforcement experience of the model of protection (mostly a procedural one) sketched by Act n. 223/1991 makes it possible to single out some critical issues: i) the inclination of judges not to submit to judiciary control the substantial premises of collective dismissal; ii) the inclination of unions to accept apparently "less painful" solutions, not always consistent with the "ratio legis"; iii) the lack of coordination between the discipline of personnel redundancies and the most recent legislation of labour market, which causes an "erosion" of the model.

Keywords

  • job security
  • collective dismissal
  • unions control

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