Il licenziamento nullo perchè discriminatorio, intimato in violazione di disposizioni di legge o in forma orale

The article examines the various forms of dismissal void under the Jobs Act (discriminatory dismissal, dismissal for retaliation, dismissal for violation of the law, dismissal for physical and mental disability, dismissal for failure to exceed the period of compensation, dismissal announced orally) in order to define the boundaries of the various figures; also with respect to the notion of unfair dismissal; and to solve the problem of the applicable protections. This second problem is relevant because the Jobs Act in the face of the various hypotheses of invalid dismissal does not always explicitly the form of protection applicable. In the contribution, the Author supports the idea that; although it is undoubted that in general the Jobs Act has elevated to rule the indemnity protection and has relegated to exception the reinstatement protection; however, with specific reference to the area of invalid dismissal it has reconfirmed the centrality of the reinstatement protection in view of the particular interests of the person of the worker who come into play. It follows that the various hypotheses of invalid dismissal; even where the law does not provide for a specific provision; are subject to the reintegration protection pursuant to art. 18 of Statuto dei Lavoratori or to the reintegration protection "under common law"