Acceso usuarios
Gino Spagnuolo Vigorita
The study discusses the issues involved in employees dismissals on grounds of personal opinions and private behaviours when the employer is an ideologically qualified enterprise, with particular reference to the case of religious schools. The author agrees with the theory according to which the ideological characterization of the employer does not affect by itself the general essential nature of the employment relationship between the parties. As a conse-quence, only if the organization of the enterprise is objectively ai-med at actually fostering the diffusion of the ideology characteri-zing the enterprise, then this Will be able to affect the content of employees obligations and to legitimate their dismissals on groun-ds of personal opinions and private behaviours. As regards the specific case of the Catholic school, there exists a striking contra-diction between the aims declared in principie by the school, i.e. the diffusion of the adopted ídeology, and its organization, which is the same implemented by any ideologically qualified school: this allows the conclusion that the employees are not obliged to adhere to the ideology of the Catholic school and to have a behaviour coherent with it, particularly as far as their private life is involved.
