Autore
Mariucci, Luigi

Titolo
L'agenda desiderabile: idee per una nuova fase del diritto del lavoro
Periodico
Lavoro e diritto
Anno: 2013 - Fascicolo: 2 - Pagina iniziale: 167 - Pagina finale: 190

Taking as starting points a comparative outlook of the situation oflabour all over the world and of the most recent Italian vicissitudes,with particular reference to labour legislation, the author sketchesthe issues which he considers the most important to trigger a positiveevolution of labour law. The first point is a new legislation on unionsrepresentation and participation, inspired by principles of democraticrepresentation based on numbers (of members and of votes gained inpolls for plant level representative bodies Rsu), aimed at bargainingand stipulating binding erga omnes collective agreements. As regardsthe labour market and particularly the unemployment, the focus is onthe reduction of fiscal burden on open-end contracts and the welfarebenefits for job seekers. A further point is the necessity to discard thepattern, which has been dominant along the last decay or more, of jobflexibility as instrument of employability and of contrast to unemployment.In any case, the aforementioned provision needs effective tools ofadministrative implementation. Public employment too needs to be reconsidered,particularly spreading the regulation of private employmentto all public employees, but in the frame of deep administrative andinstitutional reform. In general, labour law needs a deep simplification,after a long period in which reforms over reforms have created an enormousamount of rules, difficult to be applied and even precisely known.The final paragraph, under the title "before act, then theorize", inviteslabour-lawyers to reflect about the most real nature of labour law.



SICI: 1120-947X(2013)2<167:LDIPUN>2.0.ZU;2-5
Testo completo: http://www.mulino.it/download/article/10.1441/73802
Testo completo alternativo: http://www.mulino.it/doi/10.1441/73802

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