Ius variandi e ruolo della contrattazione collettiva = Ius variandi and role of collective bargaining. WP C.S.D.L.E. “Massimo D’Antona”.IT – 308/2016

Falsone , Maurizio (2016) Ius variandi e ruolo della contrattazione collettiva = Ius variandi and role of collective bargaining. WP C.S.D.L.E. “Massimo D’Antona”.IT – 308/2016. [Policy Paper]

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Abstract

While examining the recent reform of the so-called ius variandi in the field of labor law - article 3 of the legislative decree 81/2015 - the author focuses on the new centrality assigned to the role of collective agreements in the definition of the boundaries of the company’s power to “change” the object of the employment contract. More in particular, the paper underlines two ways to contain in favor of the workforce the extreme flexibility introduced by the reform: one based on the competence and constitutional function of the collective agreement, the other based on the principles of private law.

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