Maurizio Falsone

From no-strike clauses to "enforceability": towards the reintroduction of the duty to maintain industrial peace?

  • Abstract

Informations and abstract

Keywords: Duty to Maintain Industrial Peace; Collective Bargaining; Right to Strike.

The author analyses the recent developments of industrial relations and highlights their consequences on the relationship between collective bargaining and collective action. The study provides for a further survey on the duty to maintain industrial peace and summarizes the previous debate on this implicit peace obligation. The author examines broadly all the arguments that support the theory on the existence of the duty. Finally, he holds that such duty cannot exist within Italian law, because of the systematic position and more genuine meaning acquired by the right to strike within Italian Constitution. Taking step from this idea, the author proposes his theory on the interpretation of the term "esigibilità" (enforceability), within the most recent and important Italian collective agreements.

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