The Trade Unions and the Labour Law in the Intersection


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Abstract: In the first part of this article, the author quantifies the distance between the legal-union background in the Italian Republic and the constitutional prospects interpreting it in the light of the distorting effects produced by the cold war atmosphere which divided the country in two, hardly reversible effects. In the second part the changes the author believes necessary to adapt the Employment Law the extreme changes which are taking place in the productive system are essentially two. A) The citizen rights, included the social rights, also belong to those who are looking for a job and cannot find it, to those who have lost it and to those who, out of necessity or choice, make so many different jobs. B) The work of unclear qualification and/or qualified directly as autonomous, cannot belong only to the right of the contracts between privates. To this end the author emphasizes the fact that the love the constituent parts undoubtedly shoed by the subordinate work did not lead them to ignore the gender. Furthermore, they wanted the subjective situations of disadvantage were removed in any places they took place.

Keywords: social constitutionalism, tradeunionism, union representativeness, employment Law.


Abstract: Taking the opportunity of the 40th anniversary of the Spanish Constitution of 1978, this article emphasizes the constitutional normativity it contains describing its more important aspects. The institutionalization of the trade unions and of the business association, the system of collective and individual rights at work, the importance of the right to work and its political and democratic value which prevent it dissolves in the employment policies which control the job market, the progressive conditioning of the content of the social rights, specially of social security, by the financial stability, included as a principle of limitation of the public intervention in the constitutional reform of 2011, as a consequence of the economic governance of the crisis, all of them are considered the most important elements. This article considers reforming the constitution is very difficult because the balance of present forces blocks any solution, but we should continue insisting on important elements of infraconstitutional normativity which redirect the social and politic processes to wider areas of freedom and equality.

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Keywords: constitution, right to work, trade union...

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