Giorgio Bolego

Flessibilità dell'orario di lavoro e proporzionalità della retribuzione

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Abstract

The essay examines the problems concerning the relation working time/remuneration in the light of the constitutional and legislative principles in the Italian system. The Author first considers that in the work agreement the remuneration cannot be determined merely by subjective criteria, as it usually happens for the exchange agreements. According to article 36, c. 1, Cost., it is instead determined by objective criteria of proportionality. In this perspective, a very important criterion is the working time, the only one which measures the quantity of work. Starting from this preliminary statement, he takes into consideration the contractual changes of working time, underlining that, during the last years, such institute has been utilized to second the course of the economical cycles, generating wage rises in expansion phases and wage cuts during recessions. The Author also stresses the fact that working time has recently been used to "individualize" the retribution, through the enhancement of the qualitative aspects of time and work availability of the employee.

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