Solidarietà e diritto del lavoro: dissolvenza o polimorfismo? = Solidarity and labor law: fading or polymorphism? WP C.S.D.L.E. “Massimo D’Antona”.IT – 356/2018

The author analyzes the constitutional value of solidarity - also in the Charter of Fundamental Rights of the European Union - by examining the concrete legal consequences in labour and social security law and highlighting the multiplication of meanings and the conditionings deriving from budgetary constraints

Valori, diritti e lavori flessibili: storicità, bilanciamento, declinabilità, negoziabilità = Flexible values, rights and jobs: historicity, balance, declinability, negotiability. WP C.S.D.L.E. “Massimo D’Antona”.IT – 400/2019

This article traces the national and EU legal framework after the progressive affirmation of the so-called flexible and non-standard contracts, with particular regard to fixed-term contracts, temporary agency work, part-time work and to work on demand. According to the author, notwithstanding deep changes in legislation, collective bargaining, case-law and in doctrine, the centrality of the legal value attributed to permanent contract of employment was not called into question. However, the techniques of promotion and protection of this crucial value are not consequent. Such a value has been recently reaffirmed also at European level by the Social Pillar and the directives of 2018 and 2019. This discrepancy can be overcome by specifying better the notion and sanctions in case of abuse of atypical work and by reinforcing legitimacy and negotiating skills of workers at both individual and collective level

Perché una quarta riforma del lavoro pubblico? = Why a fourth public labor reform? WP C.S.D.L.E. “Massimo D’Antona”.IT – 366/2018

This short paper deals with the possible reasons for passing the ‘fourth reform’ of the employment relationships in public sector, realised with the amendments to legislative decree 165/2001 and to law 150/2009 coming from legislative decrees 74 and 75/2017, implementing law 183/2015 (the so-called Madia reform). The author believes that is possible to find at least five reasons, analyses all of them and underlines the most convincing ones in the light of the profiles and bodies of the law reviewed by an often rough legislator. The paper ends with the analysis of the historic responsibilities of the various legal cultures – especially those of the scholars of administrative law – in making the ‘tangle of administrative reforms’ and consequently of the reforms of public employment more intricate

Il diritto del lavoro gialloverde: tra demagogia, cosmesi e paralisi regressiva = The yellow-green labor law: between demagogy, cosmetics and regressive paralysis. WP C.S.D.L.E. “Massimo D’Antona”.IT – 377/2018

The essay analyses the first changes of the employment relationships that have been realised by the new Italian government characterised by a populist approach (Movimento 5 stelle and Lega). After examining ‘the government’s contract’ of May 2018, the author focuses his attention on the Law Decree law n° 87/2018, converted into Law n° 96/2018. The question guiding this contribution is the following: are we dealing with a regressive discipline? The answer is based on the interpretation of the amendments relating to fixed-term contracts, to dismissals (having regard also to the consequences of the recent judgement n° 194/2018 of the Constitutional Court) and to vouchers. The author concludes defining the examined changes as ‘cosmetic measures’ of labour law, which was already profoundly revised by the former centre-left government. In the end, the risks of a paralysis are high while the signals of a new pro-labour age are weak

Dopo la digi-demia: quale smart working per le pubbliche amministrazioni italiane? = After digi-demia: smart working for Italian public administrations? WP C.S.D.L.E. “Massimo D’Antona”.IT – 421/2020

The article analyses the character and legal form of teleworking/homeworking, which has been strongly supported in Italian public administration during the coronavirus pandemic. By showing a functional multiplication and various distortions, the author proposes a streamline of the legislation based on a more accurate distinction between teleworking, “smart” teleworking and emergency teleworking

La contrattazione collettiva dopo la delega = Collective bargaining after delegation. WP C.S.D.L.E. "Massimo D'Antona" .IT - 87/2009

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Chapter Valori, diritti e lavori flessibili: storicità, bilanciamento, declinabilità, negoziabilità

This article traces the national and EU legal framework after the progressive affirmation of the so-called flexible and non-standard contracts, with particular regard to fixed-term contracts, temporary agency work, part-time work and to work on demand. According to the author, notwithstanding deep changes in legislation, collective bargaining, case-law and in doctrine, the centrality of the legal value attributed to permanent contract of employment was not called into question. However, the techniques of promotion and protection of this crucial value are not consequent. Such a value has been recently reaffirmed also at European level by the Social Pillar and the directives of 2018 and 2019. This discrepancy can be overcome by specifying better the notion and sanctions in case of abuse of atypical work and by reinforcing legitimacy and negotiating skills of workers at both individual and collective level

Volontariato e diritti dei lavoratori dopo il Jobs Act = Volunteering and workers' rights after the Jobs Act. WP C.S.D.L.E. “Massimo D’Antona”.IT – 289/2016

The author analyses the voluntary work highlighting that after the Jobs Act (Law no. 183/2014 and legislative decrees of 2015), which tries to fight against the growing false voluntary, there is a risk of increasing the undeclared work or of shifting voluntary work towards the dependent work without rights. Criticizing the recent reform bills, the author suggests to clearly distinguish between the dependent work with protections adequate to the 'market' of the third sector and the genuine voluntary work that should be identified through appropriate certification systems

Le nuove rappresentanze sindacali unitarie e il gattopardo democratico = The new unitary union representatives and the democratic leopard. WP C.S.D.L.E. “Massimo D’Antona”.IT – 204/2014

After a brief assessment of the crisis of industrial relations' system, explaining the genesis of the new rules on representation at firm level, the contribution analyses the main changes in the regulation of RSUs by the trio of agreements 2011/2013/2014 (repeal of the so-called one third reserved and the rule of "turning one's coat"). The A. believes that the new RSU is more clearly characterised in the sense of an institutional representative body of all the workers founded on a democratic base, but highlights how the rules coming from the agreements show strong limits of consistency and efficiency, which could be overcome only by a new law reforming Article 19 of Workers' Statute

La valutazione delle prestazioni della dirigenza pubblica: nuovi scenari, vecchi problemi, percorsi di “apprendimento istituzionale” = The evaluation of the performance of public management: new scenarios, old problems, "institutional learning" paths. WP C.S.D.L.E. "Massimo D'Antona" .IT - 63/2007

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