Bisogni, rimedi e tecniche di tutela del prestatore di lavoro

Author/s Giuseppe Cannati
Publishing Year 2011 Issue 2012/133 Language Italian
Pages 41 P. 129-169 File size 427 KB
DOI 10.3280/GDL2012-133004
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The essay refers to one of the classic Labour Law themes, updated by the author in the light of some important innovations (the right to an effective remedy established by the Charter of Nice, the evolution of case law on discrimination, the new art. 388, paragraph 2, of the Italian Criminal Code as reinterpreted by the Plenary Session of the Supreme Court of Cassazione in 2007, etc.). The leading idea in the essay is the effectiveness of the worker’s rights. Remedies established by law are first considered, as well as remedies consisting of direct and indirect coercion. The latter are considered an essential element of the protection guaranteed by a sentence. In addition this element is explored with reference to some aspects of the protection assured in the trial, up to now neglected by commentators.

Keywords: <i>Astreinte</i>; Direct and indirect coercion; Protection effectiveness; Forced execution; Remedies; Protection

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Giuseppe Cannati, Bisogni, rimedi e tecniche di tutela del prestatore di lavoro in "GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI " 133/2012, pp 129-169, DOI: 10.3280/GDL2012-133004