Italian economic redundancies: ‘Mandatory’ reinstatement if the fact is manifestly non-existent

In the context of the (well known) art. 18 of the Workers’ Statute (L. 300/1970), the peremptory “apply” of the first sentence of the seventh paragraph was in contrast with the “can apply” of the second sentence. This implies, according to the proper meaning of the words, a discretionary faculty of the judge.   The ‘attenuated’ reinstatement protection, […]