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Dal “caso FIAT” al “caso Italia”. Il diritto del lavoro “di prossimità”, le sue scaturigini e i suoi limiti costituzionali = From the "FIAT case" to the "Italy case". Proximity labor law, its origins and constitutional limits. P C.S.D.L.E. "Massimo D'Antona" .IT - 134/2011

Ales, Edoardo (2011) Dal “caso FIAT” al “caso Italia”. Il diritto del lavoro “di prossimità”, le sue scaturigini e i suoi limiti costituzionali = From the "FIAT case" to the "Italy case". Proximity labor law, its origins and constitutional limits. P C.S.D.L.E. "Massimo D'Antona" .IT - 134/2011. [Working Paper]

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    Abstract

    Aim of this essay is to put within the wider perspective of the decentralisation of labour law and industrial relations the so named “FIAT case”, i.e. the fact that a multinatio al company has decided to force the national industrial relations system in order to establish its own organisation based employment relations system. As well known, Italian labour law and industrial relations are (or better were) characterised by uniform legal and collective bargaining provisions aimed to regulate labour relations nationwide. The Italian legislator, has taken the opportunity of the “FIAT case” to develop an optional legal framework which allow social partners to build up their own labour law and industrial relation system at company or at local level. In doing so, they can also derogate, in peius, legal and contractual uniform provisions. This can be hardly considered to be in line with the Italian Constitution advocating for the uniform regulation of employment conditions at national level and for the enhancement of economic, social and territorial cohesion (art. 117 and 120).

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    Item Type: Working Paper
    Uncontrolled Keywords: Italy, industrial relations, trade unions, collective bargaining, collective agreement, company agreement
    Subjects for non-EU documents: EU policies and themes > Policies & related activities > law & legal affairs-general (includes international law)
    Countries > Italy
    EU policies and themes > Policies & related activities > economic and financial affairs > business/private economic activity
    EU policies and themes > Policies & related activities > employment/labour market > labour/labor
    Subjects for EU documents: UNSPECIFIED
    EU Series and Periodicals: UNSPECIFIED
    EU Annual Reports: UNSPECIFIED
    Series: Series > University of Catania > Department of Law, C.S.D.L.E. "Massimo D'Antona" Working Papers .IT
    Depositing User: Daniel Pennell
    Official EU Document: No
    Language: Italian
    Date Deposited: 24 Jun 2020 15:20
    Number of Pages: 30
    Last Modified: 24 Jun 2020 15:20
    URI: http://aei.pitt.edu/id/eprint/103109

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