Abstract

The author starts from a critical approach to the trend to think labour law as a technique to incentive the occupation by a strategy of flexibilities; he identifies, in the recent reforms of the labour market, just an ideological option: the imperative rule is an obstacle to the equality in the same measure in which it means an obstruct for the market; the equality is value which is realized inside the market because only the latter can give the work according to efficient allocation standards. The realization of this option seems to presume a devaluation of the barter work/pay and a destructuration of the contractual bond. This trend can be opposed by an up-to-date reading of the open legal tissue so as to keep the dialogue with the general principles, in the persuasion that labour law is born to remove the disparity rather than to make easy their extension.