La prescrizione dei crediti retributivi nei rapporti di lavoro destabilizzati: l'insostenibile leggerezza del metus

Among the effects produced by the last reforms of the legislation in the field of dismissals, on of them, not envisaged by the Legislator, is likely to be introduced by the Courts. In fact, the Court of Cassation is about to pronounce its judgement on the question if the reduction of the cases in which the illegal dismissal is sanctioned with the s.c. reinstatement of the employee in the work-place, has "destabilized" the employment relationship to such an extent that the statutory limitation periods regarding the employees' claims remains suspended for the entire duration of the employment relationship. The A. analyses the case law and the scholars' comments about, and concludes that the partial substitution of the "reinstatement" sanction with an economic indemnity does not allow to evoke a "destabilisation" of the employment relationship.