L’art. 8 della legge n. 148/2011 nel sistema delle relazioni sindacali = Article. 8 of the law n. 148/2011 in the union relations system. WP C.S.D.L.E. "Massimo D'Antona" .IT - 139/2012

Garilli , Alessandro (2012) L’art. 8 della legge n. 148/2011 nel sistema delle relazioni sindacali = Article. 8 of the law n. 148/2011 in the union relations system. WP C.S.D.L.E. "Massimo D'Antona" .IT - 139/2012. [Working Paper]

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Abstract

The paper analyzes the impact of the recent art. 8 of l. n. 148/2011 on the system of industrial relations and on the traditional order of italian labour law. After outlining the regulatory framework, the Author focuses on the most relevant questions posed by that provision of law, pointing out the critical issues concerning the legislative choice of overloading the collective bargaining with the power to derogate the discipline of the individual employment relationship. The reflection deals with the two most known problems of the trade union representativeness and the so called “erga omnes” effects of the collective bargaining. The author compares the criteria adopted by art. 8 l. n. 148/2011 with the ones contained in the interconfederal Agreement of june 28th 2011, in order to highlight the discontinuity between the two legal sources. At last, the Author identifies some aspects of unconstitutionality of the law, because of its possible contrast with art. 39 of the italian Constitution.

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