El rediseño constitucional de la tutela contra el despido individual en Italia

The Italian Constitutional Court in the Ruling N° 194/2018 declared unconstitutional the method of calculating the economic compensation, strictly related to seniority’s worker for unjustified dismissal by the so called “Jobs Act”, Legislative Decree 23/2015, for infringement of articles 3,4,35, 76 and 117 of the Constitution related to the article 24 of the European Social Charter; reaffirming that the principle of necessary justification for dismissal has a constitutional foundation as an expression of the fundamental principle of protection of work of the article 4 of the Constitution, while does not exist in the economic compensation calculated in a fixed and predetermined manner. This judgment would have a significant effects on the entire system of the protection against unfair dismissal, because the workers covered by the “Job Act” are entitled to a more favorable economic protection than the one provided by the article 18 of the Workers' Statute. It follows a flagrant violation of the principle of equality, which would require legislative intervention for the overall reorganization of that system.