La nuova disciplina sulle dimissioni e sulla risoluzione consensuale del contratto di lavoro
DESSI', OMBRETTA
2016-01-01
Abstract
The D.lgs. 15° of September 2015, n. 151, article 26, which provides that the worker’s resignation and the termination of contract by mutual consent must be done with an writing and telematics form “ad substantiam”, is aimed at obviating the unfair practice of undated resignation and termination of contract “by mutual consent” issued at the beginning of the employer-employee relationship to be used by the employer at his discretion. The main points of discussion are made by the bound form, the marginal importance of the principle of freedom of form, the worker’s right to reconsider his resignation or his termination of contract consent, the difference between the resignation and termination of the contract by mutual consent, the question of the application of the discipline only to voluntary resignation or even to those for just cause, the cases of resignation and termination of the contract included or excluded from the scope of the discipline and the electronic procedure to which the two institutions are subjected. In the last part is analyzed the accordance of the current discipline with the fundamental principle of the worker’s protection.File | Size | Format | |
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