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26/06/2020

Lo Statuto dei lavoratori. Un parto cesareo

WP C.S.D.L.E. “Massimo D’Antona”.IT – 422/2020



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The article retraces the parliamentary proceeding of the Statuto dei lavoratori, divided into three stages: the bill prepared by the Giugni Commission, destined to become a governmental bill; the examination carried out in the Labour Committee of the Senate; the debate in the Floor of the House, with the adoption of the final text, voted by the Chamber of Deputies as it had been transmitted to it. The analysis, that accuratelly follows the order of the titles and the articles, does not limit itself to underline the variations that are gradually succeeded, without modifying the original structure; but try to bring out the dialectic that emerged between the two main interlocutors, the centre-left majority and the left opposition, in the Senate, with regard both to Titles I and II, the so called constitutional soul, and to Title III, the so called promotional soul. To synthetize the essential difference, we can say that it focuses on the limitation or not of the exercise of constitutional rights on the basis of the business requirements and the constitutionality, and however opportunity, or not of a reserve in favour of the most representative trade unions, i.e. Cgil, Cisl, Uil, relating to the effective guarantee of trade union presence in the workplace, in particular with regard to the assembly. Finally, there is also a personal memory of the first doctrinal confrontation just on the promotional soul of the Statute, in the annual meeting of the labour law scholars, Aidlass, in 1970, with a quasi-plenary participation. In the lively debate he found confirmation that Title III was the divisive one, given that some of the most important participants were clearly affected by their political militia, following the positions taken in the parliamentary proceedings.

author(s): Carinci, Franco
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