Osservazioni sull’accordo interconfederale del 28 giugno 2011 e sulla legge in materia di «contrattazione collettiva di prossimità» = Comments on the interconfederal agreement of 28 June 2011 and on the law on "collective proximity bargaining". WP C.S.D.L.E. “Massimo D’Antona”.IT – 157/2012

Liso , Franco (2012) Osservazioni sull’accordo interconfederale del 28 giugno 2011 e sulla legge in materia di «contrattazione collettiva di prossimità» = Comments on the interconfederal agreement of 28 June 2011 and on the law on "collective proximity bargaining". WP C.S.D.L.E. “Massimo D’Antona”.IT – 157/2012. [Policy Paper]

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Abstract

This paper presents an analysis of two important elements of the recent Italian labour law: the interconfederal agreement of June 28 2011 and article 8 of law n. 148/2011. The first draws up a discipline of important features of the industrial relations system (the representativeness of trade unions, the erga omnes effect of collective agreements and the possibility given to collective agreements at company level of derogating from collective agreements at national level). The second, apparently enacted to support the interconfederal agreement, but in deep contrast with it, affirms the erga omnes effect of collective agreements at company level signed with the consent of the majority of workers, and gives such collective agreements the power to derogate not only from the national collective agreement but also from the law in many matters affecting the individual relationship between employers and workers. The A. points out the technical weakness of art. 8 and its possible contrast with the Italian Constitution.

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