Società partecipate, successione d’appalto e recessi: quali diritti per i lavoratori coinvolti; quale ruolo per il giudice del lavoro? = Participating companies, succession of contracts and withdrawals: what rights for the workers involved; what role for the labor judge? WP C.S.D.L.E. “Massimo D’Antona”.IT – 197/2014

Cuttone, Marco (2014) Società partecipate, successione d’appalto e recessi: quali diritti per i lavoratori coinvolti; quale ruolo per il giudice del lavoro? = Participating companies, succession of contracts and withdrawals: what rights for the workers involved; what role for the labor judge? WP C.S.D.L.E. “Massimo D’Antona”.IT – 197/2014. [Policy Paper]

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Abstract

This paper is devoted to the analyses of layoff’s juridical system on the public companies (subsidiarity companies) connected to competitive tender. In particular the A. analyzes the specific circumstances which take place when a private company wins a tender. Such a framework gives rise to plenty of juridical links; therefore, in order to fully analyse it, it is necessary to balance legal systems of transfers of undertaking, layoffs, and the “social clauses”. The latter can be incorporated in the law, as well as in collective agreements or in lex specialis.

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