Chapter L’art. 2103 c.c. dopo il Jobs Act e la latitudine dell’obbligo datoriale di repêchage
The essay analyzes the impact of the reform of art. 2103 c.c., which linked the employer’s ius variandi to the collective bargaining’s classifications, on the obligation to employ the worker in different tasks to avoid dismissal (cd. repêchage). After criticizing the lack of attention of the legisla...
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| Format: | Online |
| Sprog: | italiensk |
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Firenze University Press
2025
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| Fag: | |
| Online adgang: | ONIX_20241220_9791221505078_549 |
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| Summary: | The essay analyzes the impact of the reform of art. 2103 c.c., which linked the employer’s ius variandi to the collective bargaining’s classifications, on the obligation to employ the worker in different tasks to avoid dismissal (cd. repêchage). After criticizing the lack of attention of the legislator for the consequences of the 2015 reform, the work focuses on the effort made in the last contract renewals, that in many sectors have linked classifications to the professionalism of the workers, highlighting that these efforts do not seem sufficient to solve the problems posed by the reform of art. 2103 c.c. The pivot of the system is then identified in the obligation of training provided for under art. 2103 c.c. third paragraph, seen as a form of reasonable arrangement as those provided for by the UN Convention of 2006, EC Directive 2000/78 and national legislation. It is highlighted that the logical background common to all forms of adaptation of the organization aimed at avoiding dismissals is that of the resolution for excessive burdens referred to in art. 1467 c.c. On this basis, finally, the jurisprudence that identifies the limit of organizational adaptations useful to avoid dismissal in the possession by the worker of the professionalism necessary for the performance of the tasks of destination is criticized. |
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