WP C.S.D.L.E. “Massimo D’Antona”.INT – 130/2016
This essay reproduces with new arguments and footnotes the keynote speech held at the X American Regional Congress of the International Society for Labour and Social Security Law, Panama, 26-29 Sept. 2016.
The essay analyzes the challenges posed to labor law by the present transformations of society and of the global economy. It argues that in order to respond to these challenges labor law cannot any longer be concerned only with the national workers and with the distribution of existing wealth but must share the concern for growth and contribute positively to promote sustainable development and human capabilities. The paper explores various innovative measures finalized to this objective, indicating some comparative examples: protective legislation more selective and essential, but also directed to protect old and new types of informal work; new measures, legal and collective. Capable of regulating various forms of flexibility, in particular professional mobility and working time arrangements; income guarantees and personalized services supporting employees in transitional markets; active welfare policies shaped as social investments financed not only by insurance- based schemes but by general taxation and private resources; investments and innovation in education functional to sustainable growth, to quality work and to human development; promotion of collective actions and capabilities necessary for social cohesion and participation; active state policies directed to counterbalance global pressures for a more intelligent and balanced globalization; improvement of social clauses in global trade; support of transnational collective agreements and of regional social funds; strengthening of instruments and actors committed to promote supranational regulations and social policies.