Flexicurity e oltre. WP CSDLE “Massimo D’Antona”.INT – 135/2017 = Flexicurity and beyond. WP CSDLE “Massimo D’Antona”.INT – 135/2017

No abstract

Protezione sociale ed equilibrio intergenerazionale = Social protection and intergenerational balance. WP C.S.D.L.E. “Massimo D’Antona”.IT – 374/2018

The paper analyses the major trends in the social and economic relations among older and younger generations, and discusses the factors which are changing the historic balance among these generations, in particular the reduced birth rate and the aging of population, with the consequent increase in the age dependency ratio. The most relevant indicators show an increasing divergence in the conditions of different age groups (employment opportunities, income distribution, access to welfare provisions, to educations and professional training) to the detriment of the youngsters. This divergence may threaten the very basis of the social pact which keeps together our societies. The paper develops the argument that in order to restore the balance among generations measures consistent and durable in time are needed. A set of major policies derived by best international practices are suggested to this end. For the young generations: protection measures such as minimum wages, universal accessible public welfare, measures to prevent and fight poverty; instruments directed to promote the personal and economic autonomy of the youngest such as economic support for attending education, services and incentives for stable employment, public housing programs, promotion of entrepreneurship. For the old generations: comprehensive measures for active ageing such as age- friendly work organisation, flexible working patterns and careers, health prevention and promotion, measures for flexible retirement. The building of a new pact among the generations requires a set of structural conditions, such as institutional stability, sustainable development, equitable investments in welfare policies and more intense communications and exchanges of experience among different age groups

Trasformazioni del lavoro: sfide per i sistemi nazionali di diritto del lavoro e di sicurezza sociale WP CSDLE “Massimo D’Antona”.IT – 371/2018

The paper analyses the challenges posed by the transformations of the world of work to the national systems of labor law and social security and the different policies adopted by the major States in responding to these challenges.The major issues are discussed commenting the reports of the seven research groups of the ISLSSL which ha explored the frontiers themes of our field. After analyzing the impact of the digital revolution on the various dimensions of work including the legal categories traditionally applied to the employment relations,the paper stresses the need to find new criteria for regulating and protecting the various types of platform based workers.A more effettive and integrated approach is also needed to workers involved in the informal economy which amounts to over 70% in developing countries but is also diffused in the advanced areas of the world. The systems of social security are also challenged to find new solutions capable of combining financial sustainability with social adequacy:in particular the extension of social protection ,fiscally supported , and welfare measures such as minimum income aimed at fighting poverty ,possibly coordinated with active labor policies. Two further themes are discussed :a) the role of national states in regulating transnational labor relations ,via social clauses in international treaties and diffusion of transnational collective bargaining ,b)the impact of the decentralization of collective bargaining to the enterprise level on employment conditions ,including payment by results and company welfare. Finally the essay advances some hypothesis for further research and for discussing new legal instruments and policies necessary to meet the future economic and social challenges

Globalizzazione e diritti umani Le clausole sociali dei trattati commerciali e negli scambi internazionali fra imprese. WP CSDLE “Massimo D’Antona”.INT – 133/2017 = Globalization and human rights The social clauses of commercial treaties e in international trade between companies. WP CSDLE “Massimo D’Antona”.INT – 133/2017

No abstract

Rimedi e fattispecie a confronto con i lavori della Gig economy. WP CSDLE “Massimo D’Antona”.INT – 136/2017 = Remedies and cases in comparison with the jobs of the Gig economy. WP CSDLE “Massimo D’Antona”.INT – 136/2017

No abstract

Regole e procedure nelle relazioni industriali: retaggi storici e criticità da affrontare = Industrial relations rules and procedures: historical legacies and critical issues to be addressed. WP C.S.D.L.E. “Massimo D’Antona”.IT – 396/2019

The paper argues that the absence of clear rules and the weakness of the self regulation by the social parties reduces the effectiveness of industrial relations and their capacity to meet the present social and economic challenges. It indicates the necessity of well defined rules on the criteria of representativeness of the social parties, unions and employers associations, and on the perimeters of national collective agreements. Both are prerequisites for putting order in the industrial relations system and for recognising general binding effects to the wage contents of these agreements. These effects which are common to the agreements of many European countries are decisive in order to fight the high rate of evasion of the Italian agreements, and confine the legal minimum wage to a residual function. While the criteria of representativeness can be fixed directly by the law, even though taking into account the indications of the parties, the definitions by law of the contractual perimeters poses difficult problems of constitutionality as proved also by the German experience. The paper proposes to set up institutional procedures between the parties with the intervention as conciliator arbiter of a third party with the task of identifying and adjourning the contractual perimeters most suitable to the variable economic sectors

La questione salariale: legislazione sui minimi e contrattazione collettiva = The wage issue: minimum legislation and collective bargaining. WP C.S.D.L.E. “Massimo D’Antona”.IT – 386/2019

The paper presents some critical issues concerning the Italian wage system: namely the pros and cons of a possible introduction of legal minimum wage, the evolution of payment by results and the various forms of bargained welfare benefits. The first part analyses the international debate on legal minimum wages,the resistance of Italian social parties to accept a legal intervention on wages, and presents the motives which suggest the introduction also in Italy of an experimental form of legal minimum wage. The paper discuss the impact of a possible legal minimum wage on the Italian Court interpretation of art 36 of the constitution on fair wages and on the possible extension erga omnes of the wage part of collective agreements. The second part of the essay analyses the weaknesses of the Italian collective bargaining system ,in particular the loose coordination among the centralised and decentralised levels of bargaining,and argues for a legal intervention aimed at defining the criteria of representativeness of the social parties. Finally it presents possible solutions on how to improve the Coordination between centralised and decentralised collective agreements and on the best ways to promote a virtuous use of the recent innovations in decentralised agreements (payment by results and welfare benefits)

Labour Law and Sustainable Development. WP CSDLE “Massimo D’Antona”.INT – 130/2016

In the last years, labor law and industrial relations are under the pressure of many hostile factors: on one side job killing technologies and global competition on the other political instability and deregulatory policies. Economic crisis which has hit many developed and developing countries has enhanced the negative impact of these factors on the real economy and on the labor market. The increased unemployment is the most dramatic evidence. The traditional protective legislation is accused of being incapable of meeting the present economic challenges and even of representing an obstacle to innovation and development. Certainly many of the historical traits of labor law and of social policies have to be redefined in order to face the problems posed by the new economic and social context. Here I will stress the need of a major redirection of the focus of our discipline. Traditionally labor law was concerned mainly with the protection of workers and with the distribution of income, on the assumption that growth was a self-sustaining mechanism in a linear direction of development. This assumption has been contradicted by the recurrent crisis which have altered the once stable economic scenario, both in developed and developing countries

Sustainable Social Security. WP CSDLE “Massimo D’Antona”.INT – 145/2018

The questions posed to our discussion on sustainable social security touch on fundamental principles of the welfare systems. Sustainability is a multidimensional concept which requires to be analysed with an integrated approach by different disciplines. This interdisciplinary exercise is not usual in many field of studies and has a difficult testing ground in a highly complex and controversial area like social security. Even more so because this analysis have a merely intellectual objective, but must be finalized to promoting policy integration among the different areas of social security and among the various components: the sources of the financing the costs of organization and of delivery, the mechanism of adjustement between contributions and benefits etc. Moreover such an approach is necessary to understand the two major aspects of sustainably: financial and social. A further dimension must be considered, even if is not the focus of this paper: namely political sustainability, i.e. the possibility of the national institutions to regulate and reform their social security systems, overcoming the obstacles and the resistance of (their) public opinions and of organized interest groups. The ageing of population is a major factor influencing political decisions in this areas; particularly the choices affecting social security, beginning with pensions systems. The implications of these choices for the fundamental principles of our social model are particularly wideranging when one considers not only financial but also social substainability : because, as I will try to show, social adequacy implies various quantitative and qualitative aspects of monetary and service provisions of the social security system

Labour law and social policies: an agenda for transnational research. WP CSDLE “Massimo D’Antona”.INT – 128/2016

The great economic and social transformations driven by two main factors, globalization and technological innovations, have altered the very basis on which the labor law and welfare systems created in the past decades have been built. The national States are losing power in the global markets, the fordist large companies are changing structure, industrial unions and centralized collective agreements are weakened, stable subordinate employment, which was the central object of labour law, has given way to a variety of non- standards work arrangements, often informal and in many cases economically dependent even though formally autonomous. General factors, or mega trends, are altering the context in which we operate and our daily life develops: aging of population, climate changes, scarcity of resources. The turbulence of our times has increased the uncertainty of once stable societies. The responses of policy makers and also of experts and scholars to the challenges posed by these transformations are by and large inadequate. It is our responsibility not only as professionals but as citizens concerned, to intensify the efforts to understand the new questions and to look for solutions. The seriousness of the economic crisis and its dramatic consequences on the world of work are so evident that they do not leave room for hesitation or inertia