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Italy

Italy Constitutional Court Decision no. 107 of 29 May 2013 G.M. v. Poste Italiane s.p.a. Fixed-term contract ­ duty to specify replacement reasons ­ need to indicate the name of the replaced employee HEADNOTES Facts A fixed-term employee took legal action against his employer seeking a ruling that the term set on his employment contract for replacement reasons was unlawful. The employee claimed that the employment contract had not specifically indicated the names of the replaced workers nor the reason for their absence from work. The Court of Trani referred the question of the constitutional lawfulness of articles 1 and 11 of legislative decree no. 368/2001 to the Italian Constitutional Court in relation to arts. 3 and 77, section one, of the Constitution. Decision The Italian Constitutional Court declared that the questions of constitutional lawfulness were not founded. Law applied Constitution of the Italian Republic Article 3, section one All citizens possess an equal social status and are equal before the law, without distinction as to sex, race, language, religion, political opinions, and personal or social conditions. 165 Article 77, section one The Government shall not, unless properly delegated by the Chambers, issue decrees having the value of law. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Labour Law Reports Online Brill

Italy

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Publisher
Brill
Copyright
© Copyright 2015 by Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0168-6526
eISSN
2211-6028
DOI
10.1163/22116028-90000063
Publisher site
See Article on Publisher Site

Abstract

Constitutional Court Decision no. 107 of 29 May 2013 G.M. v. Poste Italiane s.p.a. Fixed-term contract ­ duty to specify replacement reasons ­ need to indicate the name of the replaced employee HEADNOTES Facts A fixed-term employee took legal action against his employer seeking a ruling that the term set on his employment contract for replacement reasons was unlawful. The employee claimed that the employment contract had not specifically indicated the names of the replaced workers nor the reason for their absence from work. The Court of Trani referred the question of the constitutional lawfulness of articles 1 and 11 of legislative decree no. 368/2001 to the Italian Constitutional Court in relation to arts. 3 and 77, section one, of the Constitution. Decision The Italian Constitutional Court declared that the questions of constitutional lawfulness were not founded. Law applied Constitution of the Italian Republic Article 3, section one All citizens possess an equal social status and are equal before the law, without distinction as to sex, race, language, religion, political opinions, and personal or social conditions. 165 Article 77, section one The Government shall not, unless properly delegated by the Chambers, issue decrees having the value of law.

Journal

International Labour Law Reports Online – Brill

Published: Nov 25, 2015

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