Alberto De Luca interviewed by Riparte L’Italia

The interview for the economic and social observatory Riparte Italia.

Adv. De Luca, one of the measures that was adopted right at the beginning of the Pandemic was to ban dismissals. In terms of the legitimacy of the law, do you think such an extensive and widespread ban is possible?

Many experts in the field doubted its legitimacy due to the open contrast between the ban with the constitutional right to free enterprise; doubts that were unquestionably fuelled by continuous extensions of the ban which, initially introduced for 3 months, has now been in effect for more than a year. Assessment of its legitimacy depends on the weight of the various interests and values at play, all constitutionally related: on one hand the right to health (individual and collective) and work, and on the other that of free enterprise. Critical signs on the observance of restrictions have started to emerge in legal systems similar to ours.

For example, in Spain, with an emergency normative framework similar to ours, the Court of Barcelona removed the ban on dismissals and ruled a dismissal for economic reasons legitimate, considering the ban in conflict with both the constitutional framework and with EU law, which protects freedom of enterprise as one of the fundamental rights of the EU.

Returning to us, additional extensions of the ban on dismissals in Italy, which seem certain, should reduce their range of action in the future, finally coming to grips with the various opposing interests, loosening the reins in favour of a return (at least partly) to forms of flexibility for human resource management by enterprises.

The ban on dismissals is the centre of a tug of war between enterprises, that call for it to end, and social partners who call for its extension. Can you explain what will happen if the ban expires or if it is confirmed?

Clearly, additional extensions of the ban would only risk postponing a problem which sooner or later must inevitably be dealt with, considering that the continuing pandemic emergency has resulted, for all intents and purposes, in the worst economic crisis since the postwar period, destined to have far-reaching, widespread effects in coming years.

The interview for the economic and social observatory Riparte Italia.

Adv. De Luca, one of the measures that was adopted right at the beginning of the Pandemic was to ban dismissals. In terms of the legitimacy of the law, do you think such an extensive and widespread ban is possible?

Many experts in the field doubted its legitimacy due to the open contrast between the ban with the constitutional right to free enterprise; doubts that were unquestionably fuelled by continuous extensions of the ban which, initially introduced for 3 months, has now been in effect for more than a year. Assessment of its legitimacy depends on the weight of the various interests and values at play, all constitutionally related: on one hand the right to health (individual and collective) and work, and on the other that of free enterprise. Critical signs on the observance of restrictions have started to emerge in legal systems similar to ours.

For example, in Spain, with an emergency normative framework similar to ours, the Court of Barcelona removed the ban on dismissals and ruled a dismissal for economic reasons legitimate, considering the ban in conflict with both the constitutional framework and with EU law, which protects freedom of enterprise as one of the fundamental rights of the EU.

Returning to us, additional extensions of the ban on dismissals in Italy, which seem certain, should reduce their range of action in the future, finally coming to grips with the various opposing interests, loosening the reins in favour of a return (at least partly) to forms of flexibility for human resource management by enterprises.

The ban on dismissals is the centre of a tug of war between enterprises, that call for it to end, and social partners who call for its extension. Can you explain what will happen if the ban expires or if it is confirmed?

Clearly, additional extensions of the ban would only risk postponing a problem which sooner or later must inevitably be dealt with, considering that the continuing pandemic emergency has resulted, for all intents and purposes, in the worst economic crisis since the postwar period, destined to have far-reaching, widespread effects in coming years.

If the ban is not extended the companies which to date have been forced to maintain their employment levels will certainly take the actions they have put off, in many cases still connected to redundancy unrelated to the health emergency and possibly before it. This will inevitably lead to a resumption of dismissal-related litigation that had remained dormant for a year at this point. Vice versa, an extension on the ban on dismissals would have to include renewal of the emergency social safety nets currently in place, with a connected further worsening of related government spending.

If the ban is not extended the companies which to date have been forced to maintain their employment levels will certainly take the actions they have put off, in many cases still connected to redundancy unrelated to the health emergency and possibly before it. This will inevitably lead to a resumption of dismissal-related litigation that had remained dormant for a year at this point. Vice versa, an extension on the ban on dismissals would have to include renewal of the emergency social safety nets currently in place, with a connected further worsening of related government spending.

Read more here.