Maurizio Falsone

Remedial technique and the article 28 of the Workers'Statute

  • Abstract

Informations and abstract

Keywords: Unfair Labor Practice; Effectiveness; Collective Discrimination.

The author examines the art. 28 Workers'Statute in a remedial perspective focusing on its substantial aspects. The paper shows how the remedial technique used by lawmaker allows, through a strictly literal interpretation, to repress employer's unfair behaviors that would otherwise be lawful. Furthermore, the author analyzes the weakening, "de facto", of art. 28. In the contest of a general decline of the right effectiveness in labour law. In conclusions, the author claims that the essential function of the art. 28 could not be fulfilled by others trial tools and he suggests feasible ways to revitalize it.

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