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Achieving flexibility and legal certainty through procedural dismissal law reforms: the German, Italian and Dutch solutions

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Article

Bij de Vaate, Vivian

European Labour Law Journal

2017

8

1

March

5-27

dismissal ; labour law ; labour market flexibility

Germany ; Italy ; Netherlands

Law

https://doi.org/10.1177/2031952517699103

English

"This paper deals with the changes that were introduced in dismissal law in Germany, Italy and the Netherlands. The reforms in these countries all aimed at greater flexibility by reducing dismissal cost, making dismissal more predictable and shortening dismissal cases. In order to do so, the countries not only focused on changing the substantive dismissal rules, but also changed procedural rules. Moreover, Germany, Italy and the Netherlands shared the same objectives: the encouragement of early settlements between employer and employee and the introduction of a preliminary assessment procedure. This contribution compares and analyses these instruments in the countries of interest. It attempts to determine what adjustments are needed in the law to make the instruments successful and what drawbacks should be taken into account."

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