Per un intervento eteronomo sulla rappresentanza sindacale: se non ora quando! = For a heteronomous intervention on union representation: if not now when! WP C.S.D.L.E. “Massimo D’Antona”.IT – 206/2014

Caruso, Bruno. (2014) Per un intervento eteronomo sulla rappresentanza sindacale: se non ora quando! = For a heteronomous intervention on union representation: if not now when! WP C.S.D.L.E. “Massimo D’Antona”.IT – 206/2014. [Policy Paper]

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Abstract

The paper deals with the possibility of a legislative reform in the field of trade union representation. The A. analyzes the multiple conditions that can make more likely than in the past years a heteronomous intervention about this subject. These conditions – analyzed and assessed in the paper - can be summarized as follows: a more mature, and widespread, background of self-regulation about trade union representation and representativeness (compared with the situation in the early ’90, in which there was only the Protocol of 23 July 1993); a growing consensus, in the legal debate, on possibility and necessity of a heteronomous intervention; a non-hostile political climate on the subject of a reform of trade union representation (encouraged also by the judgment of the Constitutional Court nr. 231/2013). The last part of the paper focuses on the guidelines for a possible legislative reform about trade union representation and decentralized collective bargaining, that is currently being discussed and drafted by a group of labour lawyers (including the A.).

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