Edizioni FrancoAngeli - Last issue of GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI (137/2013)

Flessibilità e tutele nella riforma del lavoro

Sat, 15 Feb 2013 8:00:00 GMT

Tiziano Treu
This paper presents a general analysis of the recent Italian legislation on employment relations and the labour market (Law n. 92/2012). It firstly examines the antecedents and formation of the Law both during the consultations of the social parties by the government, and during the debates in Parliament. The approval the Law by a vast majority of votes has not prevented divergent opinions and persistent criticisms. According to the Author, Law 92 draws a general inspiration from the European pattern of flexicurity, even though taking into account the specific features of the Italian Labour Legislation. The European directives on employees participation in the enterprise are also indicated as general principles of the Law. The various sections of Law 92 are analysed comparing their actual content with the objectives indicated by the government and with the European benchmarks. The Law improves the protection of employees in case of unemployment but the relevant measures are still weakened by the scarse effectiveness of employment services and labour policies. A most relevant innovation is the promotion of apprenticeship as the main measure to foster youth employment. The paper examines the regulations approved for the various types of labour contracts; fixed term contracts have been liberalized; on the contrary other types of «atypical semiautonomous contracts» have been subject to restrictions and made more costly, in order to limit abusive and unlawful practices. The paper examines the reform of Art. 18 of Law n. 300/1970 which provided for reinstatement in all cases of unjust dismissal. Art. 18 was criticized as an excessively rigid protection of permanent employees. According to the Author the new regulation is in line with other European systems, because it provides the judge with the power to differentiate sanctions according to the reasons of the dismissal: indemnity becomes the common remedy and reinstatement is reserved for the most serious cases. In conclusion, the paper underlines the importance of the implementation of the Law which depends on the judicial interpretations and on the future practice of collective agreements between the social parties which the Law empowers to modify the Law in various aspects.

Il pubblico impiego: evoluzione normativa e orientamenti giurisprudenziali

Sat, 15 Feb 2013 8:00:00 GMT

Antonio Viscomi
The essay provides, firstly, an explanation about historical and legal reasons for high levels of reconstructive uncertainty, in legislative and jurisprudential fields, that marks the legal system governing labor in public sectors. Therefore, proposes a methodological approach suitable to represent the plurality of interests, focusing on the construction of micro-regulatory systems. Finally, la paper stresses the need for an appropriate view of the role of the Supreme Court, to ensure an adequate degree of stability of expectations and behavior of the social actors (individual and collective), especially in contexts marked by high organizational regulatory and managerial complexity.

La forza del mercato: le riforme del diritto del lavoro spagnolo durante la crisi finanziaria mondiale

Sat, 15 Feb 2013 8:00:00 GMT

The Author points out that the reforms implemented during the Socialist government and during the Conservative one are two phases of a single major reform. They focused on some common themes: dismissal, contract of employment, collective bargaining, internal flexibility. Although inspired by different philosophies, the reforms are a response to the worsening economic situation and the growing international pressure. The Author emphasizes positive and negative aspects of the reforms introduced, not all inspired by a logic emergency.

Poteri, interessi e tecniche nella regolazione del mercato: preliminari sulla giustizia nel contratto di lavoro

Sat, 15 Feb 2013 8:00:00 GMT

Lorenzo Scarano
Today contract law is affected by a radical metamorphosis. The latest regulatory perspectives attach juridical importance to the positions of power which involve the subjects in the marketplace and in the relationship, often in order to intervene in the equilibrium of the bargain and to protect the weak part of the relation. In this regard we speak of contractual justice. The essay aims to analyze these trends with comparative method comparing them with the reference model - the Labour Law - in the prospective to capture similar profiles and differential traits. The analysis seems to reveal, in addition to the contaminations of the models, persistent distances as on the side of the techniques of protection as on the side of the normative aims.

Rassegna della giurisprudenza della corte di cassazione in materia di lavoro (settembre 2011-agosto 2012)

Sat, 15 Feb 2013 8:00:00 GMT

Survey of selected cases dealing with labour law decided by the Italian Corte di Cassazione in 2011-2012.

Notizie sugli autori

Sat, 15 Feb 2013 8:00:00 GMT