Maria Vittoria Ballestrero

The Statuto is forty, and does look it

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Abstract

In this paper the Author reconstructs the path that has led to sunset the inspiration underlying the Act no. 300/1970 ("Statuto dei lavoratori"); she attributes a significant role to the different model of legislation, introduced since the second half of the seventies, known as "flexible warranty system" ("garantismo flessibile"), which weakens the role of statute law in favour of collective bargaining. The Author notes that twenty years after the enactment of the "Statuto dei lavoratori", a widespread opinion considered necessary to provide some fundamental reforms: but in fact only those that have increased the flexibility and weakened the employees' rights were actually made. Forty years after, considering the great deal of changes occurred in economy as well as in employment law leads the Author to question the continued viability of the "Statuto" and to answer that if that Act may be deemed in part outdated, it seems nevertheless necessary to provide a new Charter of workers' rights.

Keywords

  • Italian Workers' Statute
  • patterns of social legislation
  • Charter of workers' rights

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