The dispute involving the 11 employees of the former Alitalia company who were not rehired by the new national carrier ITA Airways arrives on the table of the judges of the Constitutional Court. The issue was raised by a ruling by the president of the third Labor section of the Court of Rome, Tiziana Orrù, according to which the decree of the Italian Ministry of Economy and Finance (MEF) spoke of corporate discontinuity to avoid the reabsorption of the workforce.

It was reported by the Italian newspaper "il Manifesto". It all stems from the appeal presented by the lawyer Gianluca Caputo, who represents the interests of 11 ex-Alitalia ground workers. They asked for reinstatement, hindered by an "interpretative note" contained in the Energy Decree of the Meloni Government, which states that "in coherence with the decisions of the European Commission, excludes that in the transition from Alitalia to ITA there is continuity between the two companies".

The move by the Italian minister, Giancarlo Giorgetti, head of the Mef which is the sole shareholder of the flag carrier ITA Airways, is linked to the fact that article 2112 of the Italian Civil Code provides for the continuation of the employment relationship "that is the transfer of employment relationships work of the appellants to the transferee company of the ITA branch". Judge Orrù expressed a negative opinion on the Government's text, raising the question of constitutional legitimacy and therefore maintaining that the appeal of the 11 workers was "well-founded".

The judge of the third Labor section of the Rome court ordered that the sentence be "notified to the parties and to the president of the Italian Council of Ministers" Giorgia Meloni "and communicated to the presidents of the Senate" Ignazio La Russa "and of the Chamber" Lorenzo Fontana. The 55 pages of the verdict therefore strongly strengthen the positions of the plaintiff workers.

On the same topic, see also the article published by AVIONEWS.