The irresistible rise of the licence to dismiss
| Páginas | 233-235 |
Page 233
Abstract: In the early part of the essay, the author admits the interpretation and application vicissitudes of specifications which marked an era, like the art. 1780 of the Napoleonic Code or the art. 1628 of the Italian Civil Code 1865, which were concluded in the 20th century with the coding of the indefinite employment contract, and the legalization of the permission to dismiss. In the second part, the author looks at the similarities between the rise of the indefinite employment contract in the legal history and its current decline, revealing the centrality of the role displayed by this contract, in the bow of the course of the regulation of dismissal, which the latest Italian laws have made return to its origins.
Keywords: Subordinate work, Indefinite employment contract, Dismissal ad nutum, Dismissal for just cause.
THE ULTRA ACTIVITY OF THE AGREEMENT IN THE NEW SYSTEM OF COLLECTIVE BARGAINING: TOWARDS THE LOSS OF THE IDENTITY MARKS OF THE LABOUR LAW
Abstract: Starting with a general idea about the direction of the labour reforms of 2012 and the changes which concern the system configuration of collective bargaining, this study analyzes the effect those changes have in the roles of workers and employers to negotiate a collective agreement., and, specially, the implications associated to the (partial) disposal of the guarantee of ultra activity. From here on we think about the way to introduce in this subject a regulation which belongs more to the civil area than to the protective logic of the working order; since the guarantee, which in terms of balance of the bargaining was the recognition of the ultra activity of the agreement for the workers, would be now reduced to a simple requirement of the respect of the general good faith principle.
Keywords: collective agreement, ultra activity, good faith, labour reform.
Page 234
THE CLAUSES OF FUNCTIONAL DELINEATION INCLUSIVE OF THE MULTISERVICE COMPANIES IN SECTORIAL AGREEMENTS
Abstract: The determination of the collective agreement in outsourcing companies without enterprise agreement is an important issue to avoid the lack of workers and unfair competition with other specialized companies, who are clearly subjected to a collective agreement. The most widespread solution in the courts was applied in these companies multiple agreements by geographical area and functional object of the contract in each case served by the company. The Supreme Court seems to have opted for a...
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