L’articolo 39 della Costituzione e il contratto collettivo = Article 39 of the Constitution and the collective agreement. WP C.S.D.L.E. “Massimo D’Antona”.IT – 202/2014

Ghera, Edoardo (2014) L’articolo 39 della Costituzione e il contratto collettivo = Article 39 of the Constitution and the collective agreement. WP C.S.D.L.E. “Massimo D’Antona”.IT – 202/2014. [Policy Paper]

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Abstract

After recalling the latest events regarding the role of labour unions in Italy – precisely the FIAT national labour agreements signed from the years 2010 to 2012 as well as the provisions of the article 8 of the Italian Law n. 148/2011 which states that if a labour agreement signed at a local level is approved by the majority of the concerned employees, it shall have validity for all (erga omnes) - the author discusses whether the above mentioned article 8 complies with the Italian Constitution and poses the question about the possibility of implementing article 39 of the Italian Constitution - after 65 years still yet to be enforced – which states that labour unions recognized by the law shall have the power to stipulate labour agreements that have validity for all (erga omnes).

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