Abstract

The author examines the evolution of the limits to the employer's powers and underlines the process of expansion favoured by the Courts which have frequently stated that the employer must explain the reason laying behind all the acts related to employment relations management. The author also points out that such limits are often overridden by the need of the labour organisation while they sometimes prove to be ineffective due to the inadequacy of the protection standard foreseen by the legislation. He therefore concludes that subordination still exists and the employees can find an effective protection from a collective point of view through the action of the trade union counterbalancing power.