The illegitimate dismissal in Italy and France

The legal system of employment as redefined ab imis by the modernization reforms of the labor market gives the interpreter new regulatory scenarios that embracing a perspective of flexicurity alter the entire dimension of the implementation of the employment relationship to the advantage of the interest of the company and the economic logic of the market.In this context the reforms implemented in Italy and France by the Jobs Act and the Macron ordinances with the aim of making certain the costs of dismissal in order to allow the employer to determine exactly whether it is more convenient to comply with the rules on termination or to violate them in return for payment of compensation limit the amount of compensation to be provided to the employee in the face of an unlawful termination by the employer within a minimum threshold and a ceiling predetermined by law.The Italian Constitutional Court on the one hand and the Constitutional Council and the French Court of Cassation on the other have come to different conclusions regarding the constitutional legitimacy of the new sanctions leaving many aspects of interpretation unresolved.