Journal title GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI
Author/s Antonio Lo Faro
Publishing Year 2014 Issue 2014/142 Language Italian
Pages 23 P. 279-301 File size 118 KB
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Taking the cue from the observation of the Italian case, the paper aims to investigate into the relationship between labour law and economic crisis from the perspective of fundamental rights. The analysis is not focussed on the actions taken by national legislature in the declared intention of dealing with the crisis, but rather on the reactions that such reforms have raised within the national and international fora entrusted with the protection of fundamental rights. The thematic profiles identified as an ideal terrain of investigation consists in the wage freezing legislation addressed to public employers; in the many reforms that have affected the discipline of fixed-term contracts in the public as well as in the private sector; in the multifarious events experienced by the Italian collective labour law starting from the so-called Fiat case. The analysis is concluded by stressing the inadequate "fundamental rights" answers given so far, but also indicating some unsuspected jurisdictional and institutional paths through which fundamental social rights such might influence the regressive changes taking place.
Keywords: Fundamental social rights; Crisis legislation; Wage freezing; Fixed-term work; Trade union representation; Constitutional jurisprudence; ECHR; ILO
Antonio Lo Faro, Compatibilità economiche, diritti del lavoro e istanze di tutela dei diritti fondamentali: qualche spunto di riflessione dal caso italiano in "GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI " 142/2014, pp 279-301, DOI: 10.3280/GDL2014-142005