Please enable JavaScript.
Coggle requires JavaScript to display documents.
SOURCE OF LABOUR LAW - Coggle Diagram
SOURCE OF LABOUR LAW
COLLECTIVE (BARGAINING) AGREEMENT (not formally a source of law, but they are civil law contracts)
To understand today’s rules, we have to go back to fascism. At that time there were collective agreements which were called corporation contracts, and these were signed by the only trade union that existed. Then to switch from fascism to a new situation the article 39 of the Constitution was created which established that trade unions may be freely created, so now there are more than just one trade union. Also, according to it, registered trade unions are legal persons who can write collective agreements that have a mandatory effect for all persons belonging to the categories referred to in the agreement.
ARTICLE 39 WAS NEVER IMPLEMENTED > the implementation providing details has never been passed by the parliament and because trade unions didn't want to be registered because that in this way CGIL would have controlled all the regulations
Trade unions made collective agreements (normal civil law agreements): contract between two private people, so the contract will be binding only for these two parties.
The main collective agreements are made by the main trade unions (CGIL, CISL, UIL)
-
-
-
-
-
NATIONAL SOURCES
-
LABOUR COURT DECISIONS: It is not formally a source of law, but it played an important role in shaping labour law
CIVIL LAW: If there isn’t a specific rule for a specific case, the judge should look for rules applied to a similar case > role of judges is of primary importance
COMMON LAW: no legal rules if no other courts have judged a specific case before > law (giurisprudenza) has a primary law
-
-
EMPLOYMENT CONTRACT
-
-
Written form for atypical contracts: fixed term, TAW and part-time
EU directive and an Italian law obliges the employer to inform the employee on certain employment conditions: Pay, Collective Agreement, Working time, Duration of the contract, Tasks and Place of work
-
-
-