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30/10/2014

Testo Unico sulla Rappresentanza

WP C.S.D.L.E. “Massimo D’Antona”.IT – 227/2014


Di prossima pubblicazione in Treu T., Amoroso G., Giubboni S.(a cura di), Libro dell’anno del Diritto 2015 – Diritto del lavoro, ed. Treccani, 2015




The paper analyzes the contents of the Consolidated Text on Union’s Representation within the perspective of a possible legislative reform in this field. The Consolidated Text – incorporating three previous peak level agreements on the matter – is the result of an agreement signed by Confindustria and CGIL, CISL and UIL on 10 January 2014. After focusing on the regulatory changes introduced by the agreement, on its structure and on the most critical issues arising from its application – deriving from its "voluntary" nature and as summarized by the first case law on the subject – the paper deals with the possibility of a legislative implementation of the Consolidated Text’s regulatory contents. 
Beyond the major juridical and theoretical issues arising on this point (e.g., the limitations deriving from art. 39 of the Constitution; the different theories, and ideologies, on trade union’s democracy and representation), this path of analysis leads to face the problematic aspects of a heteronomous intervention, in Italy, on the subject of trade union’s representation and representativeness and on the binding force of collective agreements.


author(s): Caruso, Sebastiano Bruno
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