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The ambiguous commitment of the italian inter-confederate agreement of 28th june 2011

Abstract: The text analyzes critically the Inter-confederate agreement between the Confindustria and the unions CSIL, UIL and CGIL of 28th June 2011, which deals with the subject of representation in the company and the collective bargaining, in a really marked context of crisis in Italy and of important changes of the rules which governed the union relations since the shocking case of the FIAT and the extremely difficult demand of the derogatory basic rights, individual and collective, company agreements. We emphasize the contradictions of the Agreements and the difficulties of its development by the agents who have negotiated it, while the regulation of the union representation promised in the Italian constitution as an axis of a post-constitutional union legislation is not raised.

Key words: Collective bargaining, company agreements, strike right, unionism, union representation.

The union freedom in the doctrine of the Constitutional Court

Abstract: The constitutional recognition of the Union Freedom among us is defective, and it has created the need of a strong effort of precision by the jurisprudence doctrine, especially that of the Constitutional Court. In this sense, the doctrine fixed internationally and the texts which admit this right and shape their headlines and content have had a great relevance. This work tries to show the way in which the Constitutional Court has made this task of reconstruction around the contents of the union freedom (essential and additional), the individuals who are holder of the right; the connections with the equality of treatment in the frame of the greatest representativity and the problems created by the judicial guardianship of the right and the proof of anti-union behavior.

Key words: Union Freedom, union, business association, strike, collective bargaining, election of the workers representatives, greater union representativity, judicial...

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