The Concept of Flexibility in Labour Law. The Italian case in the European context. WP C.S.D.L.E. "Massimo D'Antona" N. 22/2004

Caruso, Bruno. (2004) The Concept of Flexibility in Labour Law. The Italian case in the European context. WP C.S.D.L.E. "Massimo D'Antona" N. 22/2004. [Working Paper]

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Abstract

[From Foreword]. Is it possible to observe changes in labour law through the kaleidoscope of the concept of flexibility? One would instinctively be advised to proceed with caution. The concept is by no means settled and is above all used in various guises in a number of different sectors. Careless use of it risks masking its refractive effect. It is a point of fact that reference to the concept in everyday conversation and in the mass media often takes on a symbolic value, becoming a magic formula which overlooks all reference to real phenomena. To try to give order to the discourse, we can point out some salient features, among many, which could be associated with the concept of flexibility and can be found in the concrete praxis of the management and organization of work. As an example, we can point to two of them in particular: A) The first is an objective, almost descriptive feature: that is to say, the polysemantic nature of the term, one which leaves a particular aftertaste of ambiguity. Reference to flexibility becomes more concrete when its meaning is functionally specified and inserted into a syntagm (see par. II below). B) The second is of greater normative and evaluative value: current considerations, at least on the part of some scholars, in terms of redundancy, excess. Flexibility is homeopathic: if used in the right doses, it is an effective remedy, but one must not overdo it! And at times, as in the Italian situation – but this would mean anticipating the end of the story – flexibility handled with lack of legislative caution, tending towards exaggeration, may cause more problems than it solves. A brief analysis of these two salient features of the concept will help to place the specific evolution of the concept of flexibility in Italian labour law in a general framework, which is the specific aim of this essay.

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