Il licenziamento per giustificato motivo e l'ambito della tutela risarcitoria secondo Giuseppe Santoro Passarelli

This paper is a report of professor Giuseppe Santoro Passarelli’s lecture during the symposium held at the Accademia Nazionale dei Lincei on May 2nd and 3rd, 2013, directed by the Organizing Committee composed by the distinguished professors Natalino Irti, Nicola Picardi, Pietro Rescigno and Renato Scognamiglio, titled «La riforma del diritto del lavoro» («Labour Law Reform»). Waiting for the publication of the conference minutes, we refer below the author’s interpretative thought together with some considerations by the writer, about the relevance that the reform of the law n. 92 of 2012 (the «Fornero Reform») still gives to the reinstatement protection, instead of the compensation one. In fact, although the legislator’s aim was to reduce the reinstatement scope, the technical and political compromise which is the ratio of the criticized reform, still allows to glimpse a preservation system of the unlawfully fired employees focused on real protection, despite of the new problems and uncertainties due to the wide discretion assigned to the Courts.