The research is composed by three chapters. In the first one is presented in a historical perspective the interpretative issues on employer’s power to modify the employment contract and relationship. It has been especially taken into account the constitutional foundation of “ employer’s freedom of private economic initiative” provided by art.41 cost. and constitutional limits to that freedom linked to social protection of human life and dignity. The second chapter offer a synthesis of the main and most popular reconstruction on discipline of economic dismissal. After some critics on the common interpretation, it has been offered a personal and innovative perspective based on general principles of contract and protection of professional skills. The third chapter presents the main characteristics of other national systems on economical dismissal (Danish, Swedish, and Dutch). There are some references about UE new guidelines on flexicurity. The study ends with some ideas on potential effects of flexicurity principles on Italian labour market and welfare state.
(2008). I licenziamenti nell’interesse dell’impresa. Dai principi costituzionali alle tecniche di flexicurity. (Tesi di dottorato, Università degli Studi di Milano-Bicocca, 2008).
I licenziamenti nell’interesse dell’impresa. Dai principi costituzionali alle tecniche di flexicurity
VARVA, SIMONE
2008
Abstract
The research is composed by three chapters. In the first one is presented in a historical perspective the interpretative issues on employer’s power to modify the employment contract and relationship. It has been especially taken into account the constitutional foundation of “ employer’s freedom of private economic initiative” provided by art.41 cost. and constitutional limits to that freedom linked to social protection of human life and dignity. The second chapter offer a synthesis of the main and most popular reconstruction on discipline of economic dismissal. After some critics on the common interpretation, it has been offered a personal and innovative perspective based on general principles of contract and protection of professional skills. The third chapter presents the main characteristics of other national systems on economical dismissal (Danish, Swedish, and Dutch). There are some references about UE new guidelines on flexicurity. The study ends with some ideas on potential effects of flexicurity principles on Italian labour market and welfare state.
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