Decreto Dignità 5 – Licenziare costerà di più

Il cd. Decreto Dignità è intervenuto anche sulla disciplina del contratto di lavoro a tempo indeterminato a tutele crescenti (per intenderci, stipulato successivamente al 7 marzo 2015), prevedendo un aumento della misura minima e massima degli indennizzi monetari previsti come conseguenza del licenziamento illegittimo.

In particolare, la nuova normativa ha introdotto un aumento pari al 50% della misura dei predetti indennizzi, portandola dal range compreso tra le 4 e le 24 mensilità, vigente fino all’introduzione del Decreto, al range compreso tra le 6 e le 36 mensilità. Con tali modifiche, si perviene anche ad un altro risultato, ossia che, a fronte dell’intento semplificatorio manifestato dal Legislatore, i regimi di tutela per i licenziamenti illegittimi siano divenuti ben tredici, a seconda della dimensione aziendale e della data di assunzione del dipendente.

In buona sostanza, la legislazione d’urgenza ha introdotto una disciplina rafforzativa, almeno nelle intenzioni, dei diritti dei lavoratori, limitando la possibilità per le aziende di ricorrere alla contrattazione più flessibile (qual’era quella del contratto a termine) e aumentando, nell’ambito dei contratti di lavoro a tutele crescenti, gli indennizzi previsti per i licenziamenti illegittimi.

Occorrerà attendere per verificare se interventi di tale fatta produrranno effetti positivi sul mercato del lavoro o se incideranno negativamente sull’occupazione, disincentivando le assunzioni, come tuttavia oggi si teme molto.

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