La repressione della condotta antisindacale fra spiazzamenti, potenzialità inespresse ed esigenze di manutenzione
2021
35
2
Spring
373-398
digitalisation ; illegal practice ; labour law ; workers rights ; trade union rights ; labour relations
Law
http://dx.doi.org/10.1441/100870
Italian
Bibliogr.
"The author analyses limits and unveiled potentials of Article 28 of the Statute of workers in the light of the new labour and technological organizations. He focuses on the capacity to sue the national trade unions' organizations and highlights new constitutional issues. Conversely, he verifies what kind of actors, other than the employers, trade unions can lawfully sue. Therefore, the paper deepens the cases of unfair labour practises in the field of the negotiation's behaviours, to establish whether the Italian trade unions could be making more use of such a trial instrument. Eventually, the author analyses difficulties and opportunities in extending such a special instrument in favour of non-dependant workers against unfair labour practise affecting their collective freedoms and rights. The author concludes that Article 28 can still play an important role to guarantee fair play in the industrial relations but that the legislator should address circumscribed amendments on it."
Paper
The ETUI is co-funded by the European Union. Views and opinions expressed are however those of the author(s) only and do not necessarily reflect those of the European Union or the ETUI.