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Magazine

10 April 2025

Article 18: Quer pasticciaccio (that awful mess), Professor Sergio Magrini on the new article 18

Let’s try to simplify for the common reader, who is most likely and understandably disoriented by the din of an often-misleading debate, the terms of the question on the reform of the laws regarding dismissal of staff.
With respect to the regulations in force (Article 18 of Law No. 300 of 1970 and related regulations) – for which employees of small-medium and large companies are entitled for any unlawful dismissal, in addition to compensation for damages, to reinstatement of the employment relationship, while employees of microenterprises (as a rule, those with less than sixteen employees) are entitled only to compensation for damages by means of a relatively modest compensatory sum (up to 6 months pay), eventual reinstatement in the place of work is only foreseen in cases of dismissal for discriminatory or otherwise illegal reasons – the generally recognized reform requirements (also in a draft document of the current government) and requested by the European Union, can be summarized as follows:
1) to strengthen the so-called “outgoing flexibility”