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Giornale di Diritto del Lavoro e relazioni industriali
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ISSN (Print) 1720-4321 - ISSN (Online) 1972-5507
Published by Edizioni Franco Angeli

[66 journals]

Anni di condivisione
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  Abstract: Luca Nogler
  
  PubDate: Wed, 15 Feb 2022 8:00:00 GMT
Lauralba Bellardi. A souvenir from Bari
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  Abstract: Bruno Veneziani
  This writing is a tribute to a leading figure of the School of Labour Law and Industrial Rela-tions founded by Gino Giugni at the University of Bari. Lauralba Belladi devoted her study and research to investigating the formation of an Italian system of industrial relations and ex-ploring the social, economic, and political causes of its transformation.
  PubDate: Wed, 15 Feb 2022 8:00:00 GMT
Lauralba Bellardi, Gino Giugni’s pupil.
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  Abstract: Franco Liso
  The contribution remembers Lauralba Bellardi, who has always applied the innovative method of Gino Giugni, her magister, in industrial relations’ studies.
  PubDate: Wed, 15 Feb 2022 8:00:00 GMT
Lauralba and the "seasons" of industrial relations. A memory
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  Abstract: Silvana Sciarra
  In remembering Lauralba Bellardi the intention is to indicate some of the most relevant themes developed in her publications. The character of a rigorous and original academic emerges, engaged in framing industrial relations within rules and procedures. Her work on collective bar-gaining contributed in building a consensual culture, which she also transferred into the institutional commitments she was involved in.
  PubDate: Wed, 15 Feb 2022 8:00:00 GMT
Souvenirs from Rome
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  Abstract: Roberto Romei
  The writing evokes the years of Lauralba Bellardi's stay in Rome, at the beginning of her uni-versity career, recalling her scientific career together with her personal friendship with the au-thor.
  PubDate: Wed, 15 Feb 2022 8:00:00 GMT
First of all, industrial relations
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  Abstract: Mimmo Carrieri
  The Author, in dialogue with Lauralba Bellardi, reflects upon the recent trend of decentralized collective bargaining. The difficulties met by this level of may be overcome through a renewed synergy between collective bargaining, industrial relations, and public policies.
  PubDate: Wed, 15 Feb 2022 8:00:00 GMT
Institutions and industrial relations
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  Abstract: Gian Primo Cella
  This short essay is dedicated to the role and the meaning of institutions in industrial relations and in the wide social reality, starting from the brilliant and important Lauralba Bellardi’s re-search (1989) on bilateral institutions in the construction sector. The argument is well known in industrial relations theory, well accustomed to study the institutionalization process, that is the process directed not only to ensure stability to the system but also to control the underlying conflict. A recent essay of a political phylosophist, Roberto Esposito, that rediscovers the ar-guments of the institutional theory of law, provides an unexpected invitation to come back on these themes. A current of thought, maybe neglected in the last decades studies, that enables to discover many weaknesses in Italian industrial relations. Relations involved in a considerable institutionalization process, without nevertheless the creation and the implementation or real institutions, first of all the ones of industrial democracy (according to the reasons of the art. 46 of the Italian Constitution).
  PubDate: Wed, 15 Feb 2022 8:00:00 GMT
About collective bargaining structure in Italy: debating some issues with
Lauraba.
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  Abstract: Vincenzo Bavaro, Vito Leccese
  In an ideal dialogue with Lauralba Bellardi, the
  Authors reflect on the collective bargaining structure in Italy; wage issues, contractual dumping, selection and assessment of negotiating agents represent the favored themes of an enduring discussion.
  PubDate: Wed, 15 Feb 2022 8:00:00 GMT
Contractual parameters and employer organisations’
representativeness
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  Abstract: Donata Gottardi
  In dialogue with Lauralba Bellardi, who was the first to call for analyses on the subject of employers’ representativeness, the author reconstructs the current state of national collective bargaining in the picture provided by the reorganised archive of the Cnel. She shares the concerns arising from the multiplication of subjects and texts, pointing out the growing power of employers even in the field of collective relationships. While waiting for legislative intervention, she urges that attention be paid to the quality of the heteronomous discipline, since the simplification of quantitative criteria or the binary distinction between 'traditional' and 'pirate' contracts are not enough to tackle the problem.
  PubDate: Wed, 15 Feb 2022 8:00:00 GMT
Collective bargaining and active employment policies
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  Abstract: Silvia Ciucciovino
  The essay explores the role of various subjects, both public and private, called to implement active labor policies. In the current context, the essay highlights how a purely publicistic per-ception of active policies prevails, and private actors and collective autonomy play a marginal role. The author proposes an innovative re-interpretation of the consitutional foundations of the subject matter and of current related legislation. The author continues with a re-evalation of the direct autonomous regulatory role of the State. The Author further submits overcoming the excessive regionalization of active policies by advocating for a stronger protagonism position of the collective parties and interprofessional funds, in assuming responsiblity for this subject. The predominant remedial and postponed approach of active policies with respect to the unemployment event is also critiqued. A greater impetus is proposed for measures to prevent unemployment and job marginality, where the role of bilaterism and social partners appears to be of central importance.
  PubDate: Wed, 15 Feb 2022 8:00:00 GMT
Desired, but not poorly practiced. The insufficient development of second
level collective bargaining.
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  Abstract: Lorenzo Bordogna
  The topic of the article is decentralized collective bargaining in Italy. Two features are consid-ered: the relationship between national, sector-level collective bargaining and decentralized, second-level bargaining; the coverage of decentralized bargaining. Regarding the first issue, the article underlines that, since the Intersind-Asap Protocol of July 1962, with the exception of the 1968-1973 period, a model of organized decentralization has always prevailed, with a role of coordination played by the national, sector-level collective agreement (ccnl) and the na-tional actors. After the 2009 reform, however, this model is threatened by the reduced regula-tory role of national sectoral bargaining on wage issues, further drastically weakened by the 2016 metalworking national collective agreement, which leaves any possibility of real wage increase only and exclusively to negotiations at company level. The second part of the article analyzes the persistent, limited coverage of decentralized bargaining despite generous tax in-centives introduced since 2015-2016 and, in the metalworking sector, specific clauses included in the 2016 ccnl, confirmed in the 2021 contract renewal. Even in this sector, company level bargaining remains the exception and not the rule, in sharp contrast with the aim stated in a recent Federmeccanica document. The article finally raises the question whether a significant overcoming of these limits can be realistically achieved, and whether, in case, this would not require further measures in addition to those already adopted, including a reconsideration of the issue of territorial bargaining for small and very small enterprises, which are the large ma-jority in the Italian economy.
  PubDate: Wed, 15 Feb 2022 8:00:00 GMT
Construction workers’ social security funds and Contribution regularity
document: a virtuous relationship tackling undeclared work
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  Abstract: Madia D’Onghia
  The paper, having briefly traced the development of the construction workers’ social security funds, analyzes the function of public certification connected to the release of the Contribution Regularity Document. The Author remarks how in this case bilateralism, without denying its own purpose, plays a strategic role tackling undeclared work, actively combining collective and general public interests.
  PubDate: Wed, 15 Feb 2022 8:00:00 GMT
Concertation: eurounitarian perspective
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  Abstract: Fausta Guarriello
  The introduction of the social dialogue procedure in the Social Policy Protocol and the Treaty on European Union enshrined the role of the social partners in drafting and implementing social and labour policy measures. The European social dialogue model has been a source of in-spiration for national legal systems as a normative reference for social consultation practices. After an initial, intense period of European framework agreements, which were given erga omnes effect by means of legislation, the model entered a crisis phase due to the scarcity of Community legislation in the social field and the emergence of soft law mechanisms, as well as the increasing difficulty of the social partners in concluding regulatory agreements. Recent-ly, the Commission, after activating the consultation phase, blocked the social partners’ request to submit a legislative proposal on the basis of the agreement they had signed, invoking the existence of a discretionary power to assess the appropriateness of a legislative measure. The Court of Justice confirmed this interpretation of the Treaty provisions, opening a breach in the European concertation model which seems completely out of place in the current political phase of rebuilding the social dimension.
  PubDate: Wed, 15 Feb 2022 8:00:00 GMT
Concertation and public employment
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  Abstract: Mario Rusciano
  The book written by Lauralba Bellardi in 1999, Concertazione e contrattazione, is the exem-plary result of the methodological innovation in the study of industrial relations and labour law, introduced by Gino Giugni (her magister) and embraced by many other scholars. The validity of some of the Bellardi’s hints remain, even in a political and socio-economic context profoundly changed, starting from the theoretical approach, which has been updated in subse-quent essays. Following the parabola of social dialogue in general, the Author sheds light over the interdependence with collective bargaining and its problems, especially as far as concerns "representation" and "representativeness" of social actors. In particular on the social dialogue in public employment - back in the limelight with the Patto per l’innovazione e la coesione sociale, of March 2021 - the essay underlines the generic character and the difficulties in its concrete application and criticizes the idea to start from employment for a serious reform of public administration. For which a completely new method occurs.
  PubDate: Wed, 15 Feb 2022 8:00:00 GMT
The "multi-utility" sector in the strike Authority’s experience
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  Abstract: Orsola Razzolini, Dario Andreutto, Daniele Michelli, Tiziana Sorbello
  The paper, in memory of Lauralba Bellardi, examines the strike Authority’s experience in the multi-utility sector wondering whether it might offer useful insights and suggestions for current reflection on the problem of the delimitation of contractual categories of collective agreements and wage dumping, triggered especially by the multi-utility collective agreement. In the light of this analysis, it is argued that, in general, the field of application of collective agreements and regulations of the right to strike in essential public services is based on objective rather than subjective criteria. The multi-utility sector represents a peculiar case. On one hand, it is provided with an ad hoc regulation of a residual nature; on the other, it is subject to the regulations governing the main service to which multiutilities are often instrumental. The case of air transport, healthcare and waste, which presents certain specific problems, are considered. In the concluding paragraph some brief considerations are developed regarding the recent art. 49, legislative decree 77/2021, which has modified the protection of workers in public subcontracting.
  PubDate: Wed, 15 Feb 2022 8:00:00 GMT
Hints on minimum wage after the EU directive proposal
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  Abstract: Paolo Pascucci, Valerio Speziale
  After highlighting that in Italy there is a real salary issue linked to the diffusion of the working poors and to the low level of remuneration, the essay analyses the Proposal for a directive of the European Parliament and Council on minimum wages, recently approved by the European Parliament but not yet in its final version. The article examines the objectives and the reasons for the Proposal (finalized to guaranteeing adequate minimum salaries which allow a decent life) and the complex juridical problems connected both to EU competence on salaries and the discipline of the Proposal. After underlining that the Proposal does not impose introducing a minimum wage law in the countries in which the remuneration is established by collective agreements (such as Italy), the essay evaluates the effects that the implementation of the Proposal of directive could have, also taking into consideration the Italian Bills on minimum wages. The authors conclude their analysis pointing out that it would be preferable to introduce a law which, implementing what is established by art. 36 of the Italian Constitution, introduces minimum wages corresponding to the salaries provided for by the collective agreements signed by the trade unions which, in a comparative evaluation, are the most representative at national level.
  PubDate: Wed, 15 Feb 2022 8:00:00 GMT
Referee che hanno collaborato con la Rivista - anno 2021
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  Abstract: A cura della Redazione
  
  PubDate: Wed, 15 Feb 2022 8:00:00 GMT
Indice generale 2021
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  Abstract: A cura della Redazione
  
  PubDate: Wed, 15 Feb 2022 8:00:00 GMT