Valori del diritto del lavoro ed economia di mercato = Values of labor law and market economy. WP C.S.D.L.E. “Massimo D’Antona”.IT – 395/2019

The author deals with the topic of labour law’s inspiring values, which are discussed in their connection and co-evolution with the processes of transformation of the economic and social reality. Under this perspective of analysis, the author firstly takes a stand on the controversial relationship between labour law and the economic rationality in a broad sense. The presence of two basic approaches within the labour law culture, which are characterised by divergent views and attitudes on the market economy, is maintained (§ 2). The ways in which the discipline has responded to the neoliberal attack is then discussed (§ 3). Against this background, some arguments in favour of an “economically sustainable” labour law, which is aimed at reaching the best possible compromise between social and economic instances, along the thread of the enhancement of human labour, are put forward (§ 4). On the basis of the described context, the author comes back to the topic of labour law’s values, in order to suggest a constructive reinterpretation of the latter, which makes them more fit to the current processes of transformation, in particular as regards the non-paternalistic promotion of the worker’s autonomy and role. The Capabilities Approach is proposed as an ideal guide in view of such a revisiting (§ 5). The article is concluded by basic remarks about the implications of the suggested approach as regards the selection of the regulation techniques and the impact evaluations (§ 6)

I diritti fondamentali e la trasformazione del diritto del lavoro = Fundamental rights and the transformation of labor law. WP C.S.D.L.E. “Massimo D’Antona”.IT – 333/2017

The author deals with the role of fundamental rights in the complex process of transformation of labour law. The peculiar way in which the topic of fundamental rights has entered into the labour law discourse is firstly examined: while private law has recently “discovered” the fundamental rights mainly in connection with the adoption of the European Charter of Fundamental Rights, this cannot be said of labour law, whose encounter with fundamental rights is much earlier, as it dates back to the process of interpretation and implementation of the Italian Constitution. In a sense, labour law didn’t need to theorize the fundamental rights as it was used to conceive itself as fundamental as a whole. Labour lawyers have later addressed the issue in a different perspective when that represented by fundamental rights has become a frontline in the battle to defend labour law from the challenges issued by global economy, mainly in terms of flexibility. In any case, the author doubts that the Constitution can represent a decisive obstacle to the adoption of liberalization labour policies, at least as soon as certain limits won’t overcome (but many labour lawyers think that they have been). Afterwards the article focuses on the European Charter of Fundamental Rights, arguing that despite its great importance for the edification of a socially-oriented European Union, it has not added very much, up to now and with the albeit relevant exception of dismissal, to the number and extension of fundamental rights as resulting from the Italian Constitutional order. In any case, the permanent relevance of the topic, also in view of further advancements, is finally underlined

Chapter Diritto del lavoro e valori

The author argues that the topic of values is strictly inherent to the labour law discourse. Law must not only be provided, but also justified, and this calls values into question. However, discussing values from the viewpoint of philosophy or law is profoundly different, as the legal discussion must consider what law is, in the historical context of its development. The author then wonders if the classical values of labour law are still adequate, or if – as it is argued - they need to be revisited, for both conceptual and historical reasons, in order to promote the worker’s subjectivity. The problem of the relationship between labour law’s values and economic instances is finally addressed, arguing in favour of a dialogue between the two disciplines

Decreto Legislativo 81/2008. Quale prevenzione nei luoghi di lavoro?

A contribution in the medical field illustrates the historical evolution of the concepts of prevention and health to which it is necessary to refer for a discussion about health and safety in the workplace. Some contributions in the fields of labor law and organizational theory interpret the norms currently effective in Italy and the guidelines for the assessment of risks in work situations. What conception of prevention is implicitly assumed by the norms, and by the guidelines that the norms indicate? Are the current norms adequate to stimulate organizational choices aimed at preventing risks and discouraging harmful choices? Limits and contradictions hindering a real, effective, primary prevention are emphasized

Salute e benessere dei lavoratori: profili giuslavoristici e di relazioni industriali

Il volume analizza, da una prospettiva giuslavoristica e di relazioni industriali, il tema della salute e del benessere dei lavoratori, con particolare riferimento alle implicazioni dei cambiamenti tecnologici e demografici sulla organizzazione del lavoro e sulle possibilità di permanenza e di rientro al lavoro di una parte sempre più rilevante della popolazione attiva. Attraverso l’analisi del quadro legislativo, della giurisprudenza e della contrattazione collettiva, il volume offre, grazie alle diverse declinazioni di indagine adottate dagli AA. dei contributi raccolti, uno spaccato sulle nuove frontiere di tutela della salute e del benessere della persona nel mercato del lavoro che cambia

Transmyocardial laser revascularization. Personal experience

Background. Indirect revascularization is a therapeutic approach in case of severe angina not suitable for percutaneous or surgical revascularization. Transmyocardial revascularization (TMR) is one of the techniques used for indirect revascularization and it allows to create transmyocardial channels by a laser energy bundle delivered on left ventricular epicardial surface. Benefits of the procedure are related mainly to the angiogenesis caused by inflammation and secondly to the destruction of the nervous fibers of the heart. Patients and method. From September 1996 up to July 1997, 14 patients (9 males – 66.7%, mean age 64.8±7.9 years) underwent TMR. All patients referred angina at rest; Canadian Angina Class was IV in 7 patients (58.3%), III in 5 (41.7%). Before the enrollment, coronarography was routinely performed to find out the feasibility of Coronary Artery Bypass Graft (CABG): 13 patients (91,6%) had coronary arteries lesions not suitable for direct revascularization; this condition was limited only to postero-lateral area in one patient submitted to combined TMR + CABG procedures. Results. Mean discharge time was 3,2±1,3 days after surgery. All patients were discharged in good clinical conditions. Perfusion thallium scintigraphy was performed in 7 patients at a mean follow-up of 4±2 months, showing in all but one an improvement of perfusion defects. Moreover an exercise treadmill improvement was observed in the same patients and all of them are in good clinical conditions, with significantly reduced use of active drugs. Conclusion. Our experience confirms that TMR is a safe and feasible procedure and it offers a therapeutic solution in case of untreatable angina. Moreover, it could be a hybrid approach for patients undergoing CABGs in case of absence of vessels suitable for surgical approach in limited areas of the heart

Humans, resources, or what else?

The literature on human resource management shows growing attention to the “personal” dimension of the subject-organization relationship, while the subjectivist contributions do not disregard the discussion on managerial implications. This ebook proposes a reflection on this apparent convergence. It discusses the internal criticism arising from the mainstream literature and the criticism originating from different disciplinary perspectives (organization, sociology of science, psychology of work, and labor law). Alternatives to the idea of human resources are proposed through the reflection on the goals of the processes of actions and decisions, the ontological reflection on the idea of man, and the epistemological reflection on the choices that allow overcoming the objectivism/subjectivism antinomy

A Recent Class of Chemosensory Neurons Developed in Mouse and Rat

In most animal species, the vomeronasal organ ensures the individual recognition of conspecifics, a prerequisite for a successful reproduction. The vomeronasal organ expresses several receptors for pheromone detection. Mouse vomeronasal type-2 receptors (V2Rs) are restricted to the basal neurons of this organ and organized in four families. Family-A, B and D (family ABD) V2Rs are expressed monogenically (one receptor per neuron) and coexpress with either Vmn2r1 or Vmn2r2, two members of family-C V2Rs. Thus, basal neurons are characterized by specific combinations of two V2Rs. To investigate this issue, we raised antibodies against all family-C V2Rs and analyzed their expression pattern. We found that six out of seven family-C V2Rs (Vmn2r2-7) largely coexpressed and that none of the anti-Vmn2r2-7 antibodies significantly stained Vmn2r1 positive neurons. Thus, basal neurons are divided into two complementary subsets. The first subset (Vmn2r1-positive) preferentially coexpresses a distinct group of family-ABD V2Rs, whereas the second subset (Vmn2r2-7-positive) coexpresses the remaining group of V2Rs. Phylogenetic reconstruction and the analysis of genetic loci in various species reveal that receptors expressed by this second neuronal subset are recent branches of the V2R tree exclusively present in mouse and rat. Conversely, V2Rs expressed in Vmn2r1 positive neurons, are phylogenetically ancient and found in most vertebrates including rodents. Noticeably, the more recent neuronal subset expresses a type of Major Histocompatibility Complex genes only found in murine species. These results indicate that the expansion of the V2R repertoire in a murine ancestor occurred with the establishment of a new population of vomeronasal neurons in which coexists the polygenic expression of a recent group of family-C V2Rs (Vmn2r2-7) and the monogenic expression of a recent group of family-ABD V2Rs. This evolutionary innovation could provide a molecular rationale for the exquisite ability in individual recognition and mate choice of murine species