Lavoratore licenziato – ottenuti 100.000,00 netti di risarcimento
Si rivolgeva allo Studio Legale Redivo un lavoratore, lamentando un licenziamento illegittimo avvenuto tacitamente all’esito della scadenza dell’ultimo contratto di lavoro a termine.
In particolare, verificava ed opponeva il legale incaricato che il datore di lavoro avrebbe violato, oltre alla normativa speciale di settore, l’art. 1344 c.c. per l’aver costituito un rapporto di lavoro in elusione normativa, caratterizzato da illegittime concatenazioni di numerosi contratti di lavoro a termine, tutti apparentemente autonomi e distinti temporalmente così da evitare l’obbligatoria assunzione a tempo indeterminato. Infatti, richiamando altresì precedenti Giurisprudenziali della Suprema Corte di Cassazione, si è richiesto al Magistrato di disporre la “conversione dei contratti nulli” con costituzione di un rapporto lavorativo a tempo indeterminato sin dall’origine, il tutto con ogni conseguenza in termini retributivi e contributivi.
Per l’effetto di tale declaratoria preliminare, si impugnava altresì il licenziamento a causa della sua nullità ed inefficacia determinata dalla invalidità del termine illegittimamente apposto all’ultimo dei contratti stipulati, con annessa istanza di reintegra sul posto di lavoro.
A seguito di proposta conciliativa del Magistrato, formulata all’esito della prima udienza, venivano riconosciuti in sede conciliativa oltre 100.000,00 Euro netti al lavoratore a titolo di incentivazione all’esodo e per spese legali.
Avv. Bruno Redivo
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