The contribution starts from the reconstruction of the notion of reasonable accommodation, which has progressively developed within a multilevel legal context and with a tangle of sources that are sometimes rather heterogeneous. The author then tries to identify the latitude that the duty of adopting reasonable accommodations assumes in our country, also in the light of the most recent European and national case law, in order to define how it can limit the power of dismissal of the employer. In the final part, the reflection embraces a more frankly constitutional perspective focusing on art. 41 of the Italian Constitution, as amended in 2022, which represents an essential foundation of the obligations previously described.
Il ragionevole adattamento nell’ordinamento comunitario e in quello nazionale. Il dovere di predisporre adeguate misure organizzative quale limite al potere di recesso datoriale
Simone D'Ascola
2022-01-01
Abstract
The contribution starts from the reconstruction of the notion of reasonable accommodation, which has progressively developed within a multilevel legal context and with a tangle of sources that are sometimes rather heterogeneous. The author then tries to identify the latitude that the duty of adopting reasonable accommodations assumes in our country, also in the light of the most recent European and national case law, in order to define how it can limit the power of dismissal of the employer. In the final part, the reflection embraces a more frankly constitutional perspective focusing on art. 41 of the Italian Constitution, as amended in 2022, which represents an essential foundation of the obligations previously described.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.