Abstract

In the Fiat case labour law rules are used rather lightly. Here, it is considered to what extent a breach of national and EU regulation of the transfer of undertaking and its consequences on individual and collective employment relations can be taken into account. By all means, these mandatory rules cannot be defined simply as non-applicable in the contracts signed in Pomigliano and Mirafiori. The article also considers whether the employer's conduct can be regarded as an unfair labour practice; a question which is actually investigated by Italian judges. Particularly, in the Author's opinion, the Fiat case represents a test to verify National and European labour law tools.