Il limite del ‘merito’ nel sindacato sul rapporto di lavoro privatizzato: le recenti riforme legislative

[Autom. eng. transl.] A recent legislative intervention of the art. 30 l. 183/2010 (so-called related work) - has expressly taken into consideration the distinction between legitimacy and merit in judicial review when general clauses are highlighted. The aforementioned provision established both with reference to the private employment relationship and with reference to the employment relationship employed by the public administrations which when «general clauses» are highlighted, the judge's review of the exercise of the employer power is «limited exclusively ... ascertaining the assumption of legitimacy and cannot be extended to the merit review on technical, organizational and productive assessments ": such assessments, in fact," are the responsibility of the employer or the client ". The provision is very well known among the labor lawyers and civilians in general, to the point of having aroused a lively debate (sometimes without ideological connotations). It has not aroused particular interest among the public prosecutors, despite the unusual use by the legislator of a terminology (and a conceptology) of clear public echo. For the purpose of the research, some ideas that emerge from the reading of this normative text can take on importance: these ideas could then constitute the basis for a comparison between the 'merit' of the entrepreneurial choice and the 'merit' of the so-called administrative administrative activity.