The objectives of the 2012 labor reform – solving layoff related disputes faster – have apparently not been met. On the contrary, concerns regarding the new provision have led to reductions in speed and “unsolvable contradictions,” according to the National Magistrates’ Association (ANM) and the Employment Lawyers Association (AGI), who made a list of problems faced after the law has been in force for nearly 2 years.
One of the biggest Labor Code changes implemented by the last labor law reform was the introduction of a special first instance jurisdiction procedure (named “Fornero” after the then Minister of Labor) for challenging the grounds for terminating the labor contract (see article No. 120432). Surrounded by agreed periods, it provides for 2 phases: 1/ the first phase or “summary” when the judge quickly decides if the worker’s appeal is going to be accepted or dismissed; 2/ a second phase where...
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