Di prossima pubblicazione in A. Maresca (a cura di), Limiti legali e convenzionali all’esercizio del diritto di sciopero.

The paper focuses on whether or not to provide for a system of sanctions to ensure compliance with the agreements signed by the associations of employees and employers. In fact, the current social and economic system in Italy requires the overcoming of the traditional conflict in industrial relations to ensure the maintenance of employment levels and an efficient and competitive productivity. For these reasons, the “Testo Unico sulla rappresentatività”, the important Consolidated agreement signed the 10th of January 2014, encourages the national trade unions to establish appropriate sanctions in case of violations of the terms. 

First of all, it is necessary to identify the addressees of the sanctions: the agreement exclude the liability of individual workers, so there may be only collective sanctions against confederations or national associations or trade union representatives in the company.