La legge del contrappasso: la Corte costituzionale reintegra il giudice del lavoro

The paper analyses the discipline of remedies for illegitimate dis- missal in the light of the ruling of the Constitutional Court n. 194/2018 with which the automatic quantification mechanism of the indemnity for unlawful dismissal provided for by the Jobs Act, has been declared con- trary to the principle of reasonableness. The author highlights that, de- spite the formal prevalence granted by the Court to the function of the indemnity for unlawful dismissal as a compensation, the dissuasive-sanctioning function is central, in the argument of the Court, even though it is almost absent in the rigid algorithm of the contract with increasing protections. So, paradoxically, while the Jobs Act reduced the judge to an accountant, today he/she is offered, in the quantification of the in- demnity, of a degree of discretion never known before.