Journal title GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI
Author/s Bruno Caruso
Publishing Year 2016 Issue 2016/150 Language Italian
Pages 35 P. 255-289 File size 344 KB
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The essay aims to frame the recent labour reforms in Italy (summarized under the acronym Jobs Act) in the wider context of economic crisis and change which is affecting work and enterprise in the variety of capitalism. The crisis and the changes in the labour legal system are seen not as a cyclical but as a structural feature: a paradigm shift. In this context, the responses of Labour law scholars’, as well as those of political scientists and sociologists, go from a "still possible" reformism (option favoured by the Author) to a deeper pessimism about the possibility of any reformist strategic alternatives. In the central part of the paper, the Author reflects on the relationship between these changes and, as in Tarello’s approach the ideologies of labour lawyers. In this part, the Author identifies three (or four) different approaches and interpretations on some key issues: the notion of fundamental rights and the conception of labour regulation (the crisis of the principle of inderogability), the employment contract, the role of the trade unions, the consideration of the company, etc. These themes are only taken as an example of a possible theoretical and methodological reconstruction of labour law and of its regulatory techniques, starting from the capability approach and the theory of equality and development of A. Sen and proposing a "third way" to rebuild method and contents of Labour law, in a way respectful of tradition but open to the renewal of the discipline.
Keywords: Work; Firm; Technological change; Labour law scholars’ ideologies.
Bruno Caruso, Impresa, lavoro, diritto nella stagione del Jobs Act in "GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI " 150/2016, pp 255-289, DOI: 10.3280/GDL2016-150003