Collective Dismissal in the European Union: A Comparative Analysis. Questo articolo non è disponibile.Collective Dismissal in the European Union: A Comparative Analysis

Collective Dismissal in the European Union is a comprehensive practical analysis of collective dismissal in EU Member States. When business imperatives require large enterprises to re-organize, involving a reduction in staff that is legally characterized as a collective dismissal, EU directives and laws across Europe mandate specific procedures to support workers who have been made redundant, and allow for sanctions where regulatory or judicial scrutiny uncovers violations. It is thus essential that a clearly defined framework of the laws and jurisprudence in force in each Member State be provided for businesses and their counsel to ensure compliance and avoid sanctions. This book, the first and only of its kind, provides exactly such an analysis.

What’s in this book:

This book is structured on a country-by-country basis, with each chapter written by an expert in the country, covering and responding concisely to such questions as the following:

• how is ‘collective dismissal’ calculated?
• which issues regarding collective layoffs’ procedures trigger legal intervention?
• what happens when enterprises provide incomplete or delayed information to labour unions or public officials?
• when can a worker be reinstated or claim compensation?

Each chapter clarifies the extent to which directives have been implemented in the Member States and whether the law in force provides workers with some more favourable treatments than EU actually requires. Jurisprudence and its practical application are analysed from the perspective of the ‘law in action’ rather than that of the ‘law in the books’. A concluding chapter examines global standards and trends in this area of law.

How this will help you:

There is no other publication fully devoted to the subject of collective dismissal, extensively elaborated and supported with case law. As a source of reliable information as manifested in the actions of judges, lawyers, solicitors, firms, and labour unions, this book has no peers. It serves as a handbook to obtain thorough insight into the collective dismissal procedure in each EU Member State, which can then be put to use by lawyers and solicitors specializing in labour law, in-house counsel and human resources professionals at multinational companies, regulatory authorities, and labour unions, as well as by universities and centres of research in the field of European law and labour law.

Roberto Cosio is a member of the Italian Bar, and he is qualified to practice before the Supreme Court and the High Courts. He is a practising lawyer, specializing in Labour and Social Security law, and he has filed and discussed cases before the European Court of Justice (ECJ) and the European Court of Human Rights. He is the author of many articles and publications on matters related to European Law, with a focus on the fundamental principles of the European Convention on Human Rights and of the Charter of Fundamental Rights of the European Union. He also writes extensively about Italian Labour Law, with particular regard to the transfer of undertakings and the collective dismissal procedures. He is the President of the Labour Commission of the European Lawyers Union. He is also a Senior Lecturer at various universities in Italy and abroad. Filippo Curcuruto became a judge in 1974, and he was first appointed as labour judge to a Court of First Instance. In 1980, he was assigned to a special office within the Italian Ministry of Justice, that drafts legislation. Here he worked for several years dealing with issues, among others, related to European Law. Later on, from 1993 to 1998, he served at the Research Division of the Italian Supreme Court (the Ufficio del Massimario della Corte di Cassazione). Afterwards, the Ministry of Justice appointed him the Head of the office dealing with claims brought before the labour Courts by the Ministry employees. In 2002, he was appointed as a Member Judge of the Supreme Court assigned to the Labour chamber and was also nominated as a Member of the Supreme Court s Joint Chambers in civil-law matters, where he worked until 2011. From 2011 to 2015 he served as the President of the Labour Court of Appeal of Rome. Vincenzo Di Cerbo became a judge in 1976 and in 1977 was appointed as a first instance judge. From 1993 to 1997 he served in the Ufficio del Massimario della Corte di Cassazione (the Research Division of the Court). From June 1997 to October 2004 he served as a legally qualified member of the Boards of Appeal at the European Patent Office in Munich and for three years he was appointed the Chairman of the Disciplinary Committee of the Office (2001, 2002, 2003). In 2004, he was appointed as a member of the Italian Supreme Court. From 2010 to 2016, he was also a member of the Supreme Court s Joint Chambers in civil-law matters. Moreover, since 2012 he has been Director of the CED (i.e., IT documentation department of the Supreme Court). From April 2008 to May 2012 he was a member of the Supreme Court Judges Council ( Consiglio Direttivo ). He currently serves as the chairman of a board of the Supreme Court dealing with appeals concerning Labour and Social Welfare. From 2006 to 2016 he was a lecturer at the Post-Graduate School for lawyers, Università della Sapienza, Roma. He is the author of several books and essays in the field of Law (Labour Law, Civil Procedural Law, IP Law). Giovanni Mammone became a judge in 1977 and in 1998 joined the Research Division of the Italian Supreme Court (Ufficio del Massimario della Corte di Cassazione).In 2007 he was appointed as a member of the Italian Supreme Court. From 2002 to 2006 he was elected in the Italian High Council of the Judiciary (C.S.M.) representing the adjudicating judges. He currently serves as the President of the Italian Supreme Court on its chamber dealing with Labour and Social Welfare appeals and was also a member of the Court s Joint Chambers in civil law matters. Moreover he has been appointed as the Secretary General to the Supreme Court. As a former member of C.S.M. he took part in the activity of the European Network of the Councils of Justice (ENCJ) and of the European Judicial Training Network (EJTN).