Journal title GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI
Author/s Paolo Pascucci, Valerio Speziale
Publishing Year 2022 Issue 2021/172 Language Italian
Pages 23 P. 749-771 File size 281 KB
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After highlighting that in Italy there is a real salary issue linked to the diffusion of the working poors and to the low level of remuneration, the essay analyses the Proposal for a directive of the European Parliament and Council on minimum wages, recently approved by the European Parliament but not yet in its final version. The article examines the objectives and the reasons for the Proposal (finalized to guaranteeing adequate minimum salaries which allow a decent life) and the complex juridical problems connected both to EU competence on salaries and the discipline of the Proposal. After underlining that the Proposal does not impose introducing a minimum wage law in the countries in which the remuneration is established by collective agreements (such as Italy), the essay evaluates the effects that the implementation of the Proposal of directive could have, also taking into consideration the Italian Bills on minimum wages. The authors conclude their analysis pointing out that it would be preferable to introduce a law which, implementing what is established by art. 36 of the Italian Constitution, introduces minimum wages corresponding to the salaries provided for by the collective agreements signed by the trade unions which, in a comparative evaluation, are the most representative at national level.
Keywords: Proposal for a EU Directive; Legal or contractual minimum wage; Monitoring and public procurement; Art. 36, Italian Constitution; Proposals for a Law on minimum wage; Collective agreements; Comparatively more representative trade unions.
Paolo Pascucci, Valerio Speziale, Spunti sul salario minimo dopo la Proposta di direttiva UE in "GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI " 172/2021, pp 749-771, DOI: 10.3280/GDL2021-172016