Autonomia collettiva e clausole generali

Author/s Stefano Bellomo
Publishing Year 2015 Issue 2015/145 Language Italian
Pages 44 P. 45-88 File size 226 KB
DOI 10.3280/GDL2015-145003
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The article examines the connection between the issue of the general clauses and open norms and the system of the free collective bargaining in the Italian Law. For this purpose, the author recall the long debate about the possible different subcategories (general clauses, general norms, open-textured norms) and the different way to implement these norms giving them a specific meaning through the so called value judgment. The article is oriented towards the theories which consider the general clauses at large as norms which refers theirselves to extralegal standards, that is to the systems of rules which are developed outside the formal and official law system. In this perspective, the author emphasizes the function of collective bargaining as source of appropriate labour standards. So the author highlights how making reference to these standards assures the social acceptability of the meaning given to the general clauses by the parts of the labour contract or by the judge in resolving disputes.

Keywords: General norms; Collective bargaining; Judicial power

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Stefano Bellomo, Autonomia collettiva e clausole generali in "GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI " 145/2015, pp 45-88, DOI: 10.3280/GDL2015-145003