The interview for the economic and social observatory Riparte Italia.
Many experts in the field doubted its legitimacy due to the open contrast between the ban with the constitutional right to free enterprise; doubts that were unquestionably fuelled by continuous extensions of the ban which, initially introduced for 3 months, has now been in effect for more than a year. Assessment of its legitimacy depends on the weight of the various interests and values at play, all constitutionally related: on one hand the right to health (individual and collective) and work, and on the other that of free enterprise. Critical signs on the observance of restrictions have started to emerge in legal systems similar to ours.
For example, in Spain, with an emergency normative framework similar to ours, the Court of Barcelona removed the ban on dismissals and ruled a dismissal for economic reasons legitimate, considering the ban in conflict with both the constitutional framework and with EU law, which protects freedom of enterprise as one of the fundamental rights of the EU.
Returning to us, additional extensions of the ban on dismissals in Italy, which seem certain, should reduce their range of action in the future, finally coming to grips with the various opposing interests, loosening the reins in favour of a return (at least partly) to forms of flexibility for human resource management by enterprises.
Clearly, additional extensions of the ban would only risk postponing a problem which sooner or later must inevitably be dealt with, considering that the continuing pandemic emergency has resulted, for all intents and purposes, in the worst economic crisis since the postwar period, destined to have far-reaching, widespread effects in coming years.
The interview for the economic and social observatory Riparte Italia.
Many experts in the field doubted its legitimacy due to the open contrast between the ban with the constitutional right to free enterprise; doubts that were unquestionably fuelled by continuous extensions of the ban which, initially introduced for 3 months, has now been in effect for more than a year. Assessment of its legitimacy depends on the weight of the various interests and values at play, all constitutionally related: on one hand the right to health (individual and collective) and work, and on the other that of free enterprise. Critical signs on the observance of restrictions have started to emerge in legal systems similar to ours.
For example, in Spain, with an emergency normative framework similar to ours, the Court of Barcelona removed the ban on dismissals and ruled a dismissal for economic reasons legitimate, considering the ban in conflict with both the constitutional framework and with EU law, which protects freedom of enterprise as one of the fundamental rights of the EU.
Returning to us, additional extensions of the ban on dismissals in Italy, which seem certain, should reduce their range of action in the future, finally coming to grips with the various opposing interests, loosening the reins in favour of a return (at least partly) to forms of flexibility for human resource management by enterprises.
Clearly, additional extensions of the ban would only risk postponing a problem which sooner or later must inevitably be dealt with, considering that the continuing pandemic emergency has resulted, for all intents and purposes, in the worst economic crisis since the postwar period, destined to have far-reaching, widespread effects in coming years.
If the ban is not extended the companies which to date have been forced to maintain their employment levels will certainly take the actions they have put off, in many cases still connected to redundancy unrelated to the health emergency and possibly before it. This will inevitably lead to a resumption of dismissal-related litigation that had remained dormant for a year at this point. Vice versa, an extension on the ban on dismissals would have to include renewal of the emergency social safety nets currently in place, with a connected further worsening of related government spending.
If the ban is not extended the companies which to date have been forced to maintain their employment levels will certainly take the actions they have put off, in many cases still connected to redundancy unrelated to the health emergency and possibly before it. This will inevitably lead to a resumption of dismissal-related litigation that had remained dormant for a year at this point. Vice versa, an extension on the ban on dismissals would have to include renewal of the emergency social safety nets currently in place, with a connected further worsening of related government spending.
Read more here.
Thursday 22 October 2020
Free event held by videoconference
(2:30 pm – 4:30 pm)
The aim of the Webinar is to analyse different contractual forms that the companies possess to hire new resources and perform an analysis related to self-employment relations.
An in-depth focus will be dedicated to the novelties introduced following the health emergency.
Taking into account the recent case law approaches and collective bargaining in terms of the particular governance of on demand work, Vittorio De Luca will analyse the different forms of collaboration examining its current differentiating features.
The subject matter of the analysis will be:
Click here for all the details and registration procedures.
