The Author examines the influence of the Constitution in the judicial interpretation and application of labour law. The focus is particularly on the role played by the principle of equality in job stability and, as a consequence, effectiveness of employment rights. The critical conclusion is that the current concept of job stability is rooted in a view of the employees' weakness, as precluding them from exercising their rights during the employment relation. This undermines the effectiveness of the employee's rights and conceals the idea that inequality of bargaining powers cannot be eliminated. A shift of the labour law paradigm requires focusing on the right of the worker, as an individual, to a decent and free existence. In this respect, it is necessary to rethink the labour law model in its double dimension: the market and the contract dimension.
La Costituzione come argomento. Giudici del lavoro e interpretazione costituzionalmente orientata
ALBI, PASQUALINO
2014-01-01
Abstract
The Author examines the influence of the Constitution in the judicial interpretation and application of labour law. The focus is particularly on the role played by the principle of equality in job stability and, as a consequence, effectiveness of employment rights. The critical conclusion is that the current concept of job stability is rooted in a view of the employees' weakness, as precluding them from exercising their rights during the employment relation. This undermines the effectiveness of the employee's rights and conceals the idea that inequality of bargaining powers cannot be eliminated. A shift of the labour law paradigm requires focusing on the right of the worker, as an individual, to a decent and free existence. In this respect, it is necessary to rethink the labour law model in its double dimension: the market and the contract dimension.File | Dimensione | Formato | |
---|---|---|---|
Albi, La costituzione come argomento.pdf
accesso aperto
Tipologia:
Documento in Post-print
Licenza:
Tutti i diritti riservati (All rights reserved)
Dimensione
236.08 kB
Formato
Adobe PDF
|
236.08 kB | Adobe PDF | Visualizza/Apri |
I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.