Adelante Pedro, con juicio: dall’accordo interconfederale 28 giugno 2011 al Protocollo d’intesa 31 maggio 2013 (passando per la riformulazione “costituzionale” dell’art. 19, lett. b) St.). = Adelante Pedro, with juice: from the interconfederal agreement of 28 June 2011 to the Memorandum of Understanding on 31 May 2013 (passing through the "constitutional" reformulation of art. 19, letter b) St.). WP C.S.D.L.E. “Massimo D’Antona”.IT – 179/2013

Carinci, Franco (2013) Adelante Pedro, con juicio: dall’accordo interconfederale 28 giugno 2011 al Protocollo d’intesa 31 maggio 2013 (passando per la riformulazione “costituzionale” dell’art. 19, lett. b) St.). = Adelante Pedro, with juice: from the interconfederal agreement of 28 June 2011 to the Memorandum of Understanding on 31 May 2013 (passing through the "constitutional" reformulation of art. 19, letter b) St.). WP C.S.D.L.E. “Massimo D’Antona”.IT – 179/2013. [Policy Paper]

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Abstract

In this article the A. comments on the recent “Protocollo d’intesa” 31 May 2013, emphasizing its continuity with the previous “accord interconfederale” 28 June 2011. However, there are remarks on the points of incompatibility. In addition, he looks at the profiles of similarity and differentiation with respect to the model of the public sector, that inspire the intervention of collective autonomy, especially in relation to the impossibility of comparing the two models, due to the different role played by the intervention of legislator. It is noted, for example, the substantial difference in the structure of unionization in the two sectors, because of the very high number of trade unions members in the public sector and the unique representation of employers, performed by ARAN. They are under investigation also the most innovative points of the agreement, such as the elimination of the so-called "riserva del terzo" in the election of the RSU; the provision for “no-strike clauses”; the consequences on the scope of collective agreements; mechanisms for the binding effect of the provisions of the agreements among the different collective organizations. Finally, the A. analyses the possible interactions between the agreement and the judgment of unconstitutionality of Article 19 Stat. lav. recently pronounced by the Constitutional Court.

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