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28/10/2013

Tendenze della contrattazione nazionale in materia di contratto a termine, part-time e apprendistato professionalizzante

WP C.S.D.L.E. “Massimo D’Antona”.IT – 186/2013



Di prossima pubblicazione in Rivista giuridica del lavoro.



The study aims to analyse the most relevant rules set by collective agreements in the ‘private sector’ concerning fixed-term, part-time and professional apprenticeship contracts, whose contractual clauses are more widespread, consistent and significant, due also to several references in the legal frame to the collective bargaining. Some of these legislative references, introduced in recent years/months, assign an important task to the collective bargaining, which is called to decide whether and how to implement the contract regulation. The main regulatory trends in the national collective agreements, integrated within the ‘legislative framework’, which is often the result of frequent and contradictory reforms, may allow an overall evaluation of the legal framework concerning those three above-mentioned work contracts. The frequent changes of the legal framework determine a fast obsolescence of contractual clauses and require a careful comparison and interpretation in the light of subsequent legislative reforms. The study also provides several parameters to verify, within this scope, if and how the collective clauses have changed through time (or will eventually change), also with regard to legal references to collective bargaining, and to measure the risk, the importance and the scope of eventual regulative derogations provided for by so called “intese specifiche” (special regulations) (art. 8, Decree n. 138, 13.8.2011, converted, with amendments, in l. 14.9.2011, n. 148). Furthermore, the essay offers a review of the most recent collective agreements, examined more analytically in this perspective, and describes in more details the main choices made by national collective agreements, taking into account the market conditions.



author(s): Lozito, Marco
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