Part Four: INDIVIDUAL EMPLOYMENT RELATIONSHIP

Part Four: INDIVIDUAL EMPLOYMENT RELATIONSHIP Constitutional Court Decision no. 214 of 14 July 2009 Fixed-term contract ­ unlawful setting of a term ­ compensation ­ constitutionally unlawful HEADNOTES Facts In a number of cases brought by employees against their employer, Poste Italiane s.p.a., to have the term set on their employment contracts declared void, the trial court referred the question of the constitutional lawfulness of article 4-bis of legislative decree no. 368 of 6 September 2001. Decision The Italian Constitutional Court held article 4-bis of legislative decree no. 368 of 6 September 2001 to be constitutionally unlawful. Law applied Art. 3 of the Italian Constitution: "All citizens possess an equal social status and are equal before the law, without distinction to sex, race, language, religion, political opinions, and personal or social conditions. It is the duty of the Republic to remove all economic and social obstacles, which, by limiting the freedom and equality of citizens, prevent the full development of the individual and the actual participation of all workers in the political, economic and social organisation of the country". Art. 1, sections 01, 1 and 2, legislative decree no. 368 of 6 September 2001: "As a rule an employment contract shall be stipulated http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Labour Law Reports Online Brill

Part Four: INDIVIDUAL EMPLOYMENT RELATIONSHIP

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Publisher
Brill
Copyright
Copyright 2011 by Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0168-6526
eISSN
2211-6028
D.O.I.
10.1163/22116028-90000012
Publisher site
See Article on Publisher Site

Abstract

Constitutional Court Decision no. 214 of 14 July 2009 Fixed-term contract ­ unlawful setting of a term ­ compensation ­ constitutionally unlawful HEADNOTES Facts In a number of cases brought by employees against their employer, Poste Italiane s.p.a., to have the term set on their employment contracts declared void, the trial court referred the question of the constitutional lawfulness of article 4-bis of legislative decree no. 368 of 6 September 2001. Decision The Italian Constitutional Court held article 4-bis of legislative decree no. 368 of 6 September 2001 to be constitutionally unlawful. Law applied Art. 3 of the Italian Constitution: "All citizens possess an equal social status and are equal before the law, without distinction to sex, race, language, religion, political opinions, and personal or social conditions. It is the duty of the Republic to remove all economic and social obstacles, which, by limiting the freedom and equality of citizens, prevent the full development of the individual and the actual participation of all workers in the political, economic and social organisation of the country". Art. 1, sections 01, 1 and 2, legislative decree no. 368 of 6 September 2001: "As a rule an employment contract shall be stipulated

Journal

International Labour Law Reports OnlineBrill

Published: Jan 1, 2008

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