Chapter Tra dottrina e giurisprudenza: l’evoluzione dei criteri di legittimità nel licenziamento collettivo a bacino ristretto

Abstract

Professor Riccardo Del Punta's extensive work on individual and collective dismissals has significantly contributed to the field over his four-decade career. His initial focus was on collective dismissals and his research explores the complex legal dynamics of this type of dismissal. Moving from Del Punta's work, this article explores "restricted pool" collective dismissals. While the concept of limiting collective dismissals to a predetermined group of workers is generally accepted, determining the limits and legitimacy conditions is complex. The challenge is balancing employer interests with worker rights, particularly given the ambiguous legislation. Caselaw has evolved from merely ensuring consistency between business needs and the restricted pool to a deeper examination of the underlying reasons. Key factors include the fungibility of job roles and the employer's burden of proof to justify the selection criteria.