Documents Peruzzi, Marco 7 results

"The essay focuses on the relationship between the different forms of workers' representation in transnational companies, taking the negotiation of European Framework Agreements as a privileged point of observation. The analysis highlights the consequences of this complex relationship in terms of both political impacts and legal effects of the agreements. It continues by investigating the possible solutions fostered by the recast of the Ewc directive 2009/38/Ec, by the several proposals for an optional framework of rules for transnational negotiation and by the internal procedure for negotiation adopted by IndustriAll."

"This paper examines the meaning of 'autonomy' in European social dialogue, starting from the definition of social dialogue as adopted by the Commission and the social partners in various ways. In addition, the paper considers the applicability of collective autonomy parameters - as traditionally developed by labour law and industrial relations theory - especially after the amendments made by the Lisbon Treaty. Finally, the paper explores social dialogue as a governance model using the conceptual perspective of political science. The analysis leads to two main arguments: first, autonomy should be seen as a primarily procedural matter, related to the implementation of European collective bargaining outputs rather than to a real independence from institutions in managing negotiations. Second, autonomous agreements should be recognized as having relevance for the European legal system, even though defined as soft-law sources. In this regard, a comparison with the open method of coordination adds further meaning to autonomy in the context of European social dialogue."

"The essay examines the legislative protection of the whistleblower introduced by Act n. 179/17, focusing on a specific aspect, namely the rule on the burden of proof. As Act no. 179 establishes a reversed burden of proof in favour of the employee, the analysis compares this rules with those otherwise applicable in the case of retaliatory, discriminatory and unfair dismissals. After highlighting differences, systemic issues, and possible risks, the author proposes some interpretative solutions."

"Moving from a reconstruction of the position of Confsal, as an “autonomousµ trade union, in the current system of industrial relations, and from a comparison between the collective agreements signed by Cifa- Confsal and those of Cgil, Cisl, and Uil, the essay investigates on the use of the concepts of “leaderµ and “pirateµ agreements. This permits to address, on a more general level, issues connected to the measurement and comparison of unions' representativeness as well as to the definition of sectors. In this perspective, the author wonders on the possibility to shift from a mere comparison between subjects to a comparison of contents; as well as from a comparison (of subjects and contents) based on quantitative data to a comparison that includes qualitative aspects."