Chapter Le ‘scintille improvvise’ dell’abuso del diritto. Sull’utilizzo delle clausole generali nel diritto del lavoro, in dialogo con Riccardo Del Punta

Abstract

Often the reflections of labor jurists are intertwined with those which concern, in a broader perspective, the values ​​which require particular attention in order to prevent scientific and methodological rigor from being undermined. A very illustrative topic of how the study on positive data meets the reflection on values ​​is that of the abuse of law with which some "classic" themes of labor law can be reinterpreted such as, for example, dismissal for justified objective reasons. It follows that the use of general clauses or civil categories helps to "humanize" the law and, in labor law, in particular.