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27/01/2016

Sulle categorie del diritto del lavoro "riformate"

WP C.S.D.L.E. “Massimo D’Antona”.IT – 288/2016



Di prossima pubblicazione su Diritto delle Relazioni Industriali


In this paper the A. examines the Jobs Act regulations that have shaped the previous legislation on the most significant categories of labor law: starting from the relationship between law and collective autonomy through de-escalation of “inderogability” of law and collectively bargained norms. About the subordination, through the art. 2 paragraph 1 of Legislative Decree. N. 81 of 2015, the new legislature has not revised its case, but it has broadened to include labor relations of false self-employment and those that are situated on the border of subordination. The art. 3 of the same decree has radically changed the discipline of duty. On one hand removed to the Court’s discretion the judgment on the equivalence of duties and it has considered the level of classification indicated by collective agreement and the legal category as a criterion for allowing horizontal mobility and, on the other hand, it has expanded significantly the possibility of assignment of lower duties. The Jobs act has reduced the prohibition of remote control, set out in art.4 l. 300/1970, allowing de facto control of performance by working tools such as cell, tablet, computer, except for privacy legislation. The A. also underlines that the legislative decree n. 23 has reduced significantly the sphere of the sanction reintegration, of the sanction of reintegration, become an exception to the compensatory sanctions. He focused on the relationship between the system of nullity, established by the Civil Code to unilateral action such as dismissal, and the protections provided by the Jobs Act against unfair dismissal. And finally, in the conclusions he has highlighted how the categories of civil law are related with the new labor legislation that are still a special regulation, and stressed the new approach adopted by the Jobs Act’s legislator that no concerted, and even consulted, unions before adopting these important regulations.

author(s): Santoro-Passarelli, Giuseppe
keyword(s): working paper , Italy
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