The article takes into consideration the last labour market reform with particular regard to the question of legal certainty. The focus is then on several aspects of uncertainty; uncertainty in the content of legal provisions; uncertainty in the judicial review; uncertainty in the times of justice. In order to increase legal certainty for both the employer and the employee, the Author is generally in favour of a legal reform of some topic (like the dismissal) where judicial uncertainty largely remains. The conclusion is that the need to reduce the duration of litigations does not justify the Act No. 92/2012 which is turned to lighten the remedies provided for the unfair dismissal.
La certezza del diritto nella riforma del mercato del lavoro
NADALET, Sylvain Giovanni
2013-01-01
Abstract
The article takes into consideration the last labour market reform with particular regard to the question of legal certainty. The focus is then on several aspects of uncertainty; uncertainty in the content of legal provisions; uncertainty in the judicial review; uncertainty in the times of justice. In order to increase legal certainty for both the employer and the employee, the Author is generally in favour of a legal reform of some topic (like the dismissal) where judicial uncertainty largely remains. The conclusion is that the need to reduce the duration of litigations does not justify the Act No. 92/2012 which is turned to lighten the remedies provided for the unfair dismissal.
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