Implementing posted workers directive in Italy: The impact of the Laval case

Author/s Giovanni Orlandini
Publishing Year 2011 Issue 2011/131 Language Italian
Pages 14 P. 405-418 File size 338 KB
DOI 10.3280/GDL2011-131004
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The Author analyzes the potential impact of the Laval Judgement on the Italian law on transnational posting of workers (regulated by d.lgs. n. 72/2000 implementing Directive 96/71/EC). The comparison between Italian and Sweden Law on posting (reformed after Laval) shows that the differences between the two systems of implementation are more apparent than real. In Italy too, in the last resort, foreign undertakings are bound by collective agreements if they are induced to sign them by trade unions’ action. The most peculiar aspect of the Italian system is the high level of ineffectiveness of the rights of posted workers, due to the weakness of the trade unions and (above all) of the labour inspective activities.

Keywords: Internal market; Transnational posting; Collective agreement; collective action

Giovanni Orlandini, Il recepimento delle direttiva sul distacco transnazionale in Italia: l’impatto del caso <i>Laval</i> in "GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI " 131/2011, pp 405-418, DOI: 10.3280/GDL2011-131004