Abstract

The author follows the lines by Niklas Luhmann, which highlighted the “immunising functionµ of law instead of social justice. The issue is that, in many opinions, one of the primary essential functions of Labour Law is social justice. The essay deals with three broad themes: 1) The legal protection against insecurity, especially regarding unfair dismissals; 2) The revival of social conflict; 3) The struggle against in-work poverty. Albeit through a brief analysis, the author attempts a conclusion: the “immunising functionµ is a lovely view to better understand the balance of labour law; it makes the analysis more complicated, but it does not undermine the pursuit of social justice.