Employment relations via the web with international elements: Issues and proposals as to the applicable law and determination of jurisdiction in light of EU rules and principles

The article addresses the issues of which, from the EU perspective, are the applicable law and the competent courts in respect of employment contracts/relationships performed via the web and characterised by international elements. The study adopts a legal-regulatory approach, focusing, on one hand, on the issues related to the applicable law and, on the other hand, on those concerning the determination of the competent courts in respect of employment contracts/relationships performed via the web and characterised by international elements. The article outlines the possible detrimental effects on the weaker party of the contractual relationship, deriving from the application of the current connecting factors based on EU rules and regulations, in respect of the applicable law and the competent courts. The article considers only the EU legal framework, but suggests an evolutionary interpretation of EU law, aimed at preserving the anti-dumping rationale underlying the legal regime governing the applicable law and investigates the potential of collective redress mechanisms

Whistleblowing in Italy : rights and protections for employees

This paper examines the whistleblowing in the Italian legal system. In the lack ofproper rules on such a phenomenon (quite uncommon in the Italian social reality, also due to cultural reasons) except for the civil servants, the paper goes on analysing, on the one hand, the provision applicable to the civil servants (i.e. art. 54 of the Legislative Decree no. 165/2001), and on the other hand, the instruments provided for by the Italian legal system as general principles, which can be applied by the judge in order to protect the whistleblowers in the private sector (in particular the rules against retaliatory and discriminatory acts and mobbing). The Author stresses that the recalled protection, although effective (also after the so-called 'Monti's reform', id est the Law No. 92/2012), could be not sufficient both because of the allocation of the burden of proof, and because it is applicable to the employees and only partially (as the Author explains in the last paragraph) to the whistleblowing in the context of self-employment. Then the paper analyses the balancing performed by the Italian caselaw between the right to information and the right of criticism, on one side, and the right to secrecy set forth by law in respect of business facts and information, and the personality rights granted to the employer by the Constitution,on the other side. Finally the paper deals with the applicable procedures, introduced by disciplinary codes, also according to the Legislative Decree No. 231/2001, and the problems related to internal reporting systems, in particular the balancing between the needs for the whistleblower's protection and the positive law in the matter of protection of the privacy of the person to whom the complaint relates according to the Legislative Decree No. 196/2003

El rediseño constitucional de la tutela contra el despido individual en Italia

The Italian Constitutional Court in the Ruling N\ub0 194/2018 declared unconstitutional the method of calculating the economic compensation, strictly related to seniority\u2019s worker for unjustified dismissal by the so called \u201cJobs Act\u201d, Legislative Decree 23/2015, for infringement of articles 3,4,35, 76 and 117 of the Constitution related to the article 24 of the European Social Charter; reaffirming that the principle of necessary justification for dismissal has a constitutional foundation as an expression of the fundamental principle of protection of work of the article 4 of the Constitution, while does not exist in the economic compensation calculated in a fixed and predetermined manner. This judgment would have a significant effects on the entire system of the protection against unfair dismissal, because the workers covered by the \u201cJob Act\u201d are entitled to a more favorable economic protection than the one provided by the article 18 of the Workers' Statute. It follows a flagrant violation of the principle of equality, which would require legislative intervention for the overall reorganization of that system

Codice del lavoro : 2014

Schemi e tabelle a cura di Maria Teresa Carinc

The Italian labour market reform under the "Monti" government (law no. 92/2012) : stated objectives and real aims

Il presente saggio analizza in chiave critica le modifiche apportate alla disciplina del rapporto di lavoro dal Governo Mont

Il licenziamento nullo perchè discriminatorio, intimato in violazione di disposizioni di legge o in forma orale

L\u2019articolo esamina le varie forme di licenziamento nulle ai sensi del Jobs Act (licenziamento discriminatorio; licenziamento per ritorsione; licenziamento per violazione di legge; licenziamento per disabilit\ue0 fisica e psichica; licenziamento per mancato superamento del periodo di comporto; licenziamento intimato in forma orale) sia al fine di definire i confini delle varie figure \u2013 anche rispetto alla nozione di licenziamento ingiustificato \u2013 sia per dipanare la questione delle tutele applicabili. Tale secondo problema \ue8 rilevante perch\ue9 il Jobs Act a fronte delle varie ipotesi di licenziamento nullo non sempre esplicita la forma di tutela applicabile. Nel contributo l\u2019A. sostiene l\u2019idea che \u2013 bench\ue8 sia indubbio che in via generale il Jobs Act ha elevato a regola la tutela indennitaria e ha relegato ad eccezione la tutela reintegratoria \u2013 tuttavia con specifico riferimento all\u2019area del licenziamento nullo esso ha riconfermato la centralit\ue0 della tutela reintegratoria in considerazione dei particolari interessi della persona del lavoratore che entrano in gioco. Ne deriva che le varie ipotesi di licenziamento nullo \u2013 anche ove la legge non contempli una previsione specifica; sono soggette alla tutela reintegratoria ex art. 18 St.lav. o alla tutela reintegratoria \u201cdi diritto comune\u201d.The article examines the various forms of dismissal void under the Jobs Act (discriminatory dismissal, dismissal for retaliation, dismissal for violation of the law, dismissal for physical and mental disability, dismissal for failure to exceed the period of compensation, dismissal announced orally) in order to define the boundaries of the various figures; also with respect to the notion of unfair dismissal; and to solve the problem of the applicable protections. This second problem is relevant because the Jobs Act in the face of the various hypotheses of invalid dismissal does not always explicitly the form of protection applicable. In the contribution, the Author supports the idea that; although it is undoubted that in general the Jobs Act has elevated to rule the indemnity protection and has relegated to exception the reinstatement protection; however, with specific reference to the area of invalid dismissal it has reconfirmed the centrality of the reinstatement protection in view of the particular interests of the person of the worker who come into play. It follows that the various hypotheses of invalid dismissal; even where the law does not provide for a specific provision; are subject to the reintegration protection pursuant to art. 18 of Statuto dei Lavoratori or to the reintegration protection "under common law