Journal title GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI
Author/s Giovanni Calvellini
Publishing Year 2017 Issue 2016/152 Language Italian
Pages 35 P. 671-705 File size 338 KB
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The Author deals with the level of legally binding force of the principle of voluntariness in part time work. The analysis moves from the studying of such principle in ILO sources and European Law, the latter including soft law. The outcome is a regulatory framework which, albeit with some ambiguities, seems to prescribe to the national legislators to strengthen the role of the worker’s will toward the choice of a short time working scheme; the above-mentioned will includes the employee’s original consent without completing with it. In this perspective, the Author argues that the European sources ask to the internal legislations the preparation of ad hoc instruments in order to guarantee that the choice of a short time working scheme is not the outcome of a lack of full time working options. Starting from these premises, the analysis of the Italian discipline seems to reveal a non compliance with the European Labour Law.
Keywords: Part-time work; Principle of voluntariness; Work-life balance; Working time flexibility; Worker’s consent; ILO Law; European Labour Law.
Giovanni Calvellini, La volontarietà del part-time: un principio dimenticato da riscoprire? in "GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI " 152/2016, pp 671-705, DOI: 10.3280/GDL2016-152006