Journal title GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI
Author/s Paolo Pascucci
Publishing Year 2019 Issue 2019/161 Language Italian
Pages 35 P. 59-93 File size 327 KB
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The essay aims to analyze, with exclusive reference to the private sector, the theme of "fair wage" as it is declined in art. 36, c. 1, Cost. in terms of proportionality and sufficiency, in a phase, like the current one, in which the impoverishment of an ever increasing number of workers and the widening of social inequalities caused by the deep economic crisis have emphasized the known limitations inherent in tools for implementing the constitutional provision: on the one hand, the limited subjective effectiveness of collective agreements and their proliferation, which is undermined by reasonable selection criteria for their authors; on the other hand, the subjectivism that inevitably characterizes the extraordinary operation with which the jurisprudence has updated the constitutional principles for years. Starting from the influence of art. 36, c. 1, Const. on the autonomy of private negotiation and its relationship with the principle of equivalence in the employment contract, the investigation tends to focus the relevance of constitutional principles in relation to the specificities that emerge in the main flexible labour contracts, then trying to verify if the fair wage can be guaranteed to all - especially to the most marginal workers - by the law.
Keywords: Wage; Art. 36 Const.; Contract; Work.
Paolo Pascucci, Giusta retribuzione e contratti di lavoro, oggi in "GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI " 161/2019, pp 59-93, DOI: 10.3280/GDL2019-161004