Abstract

The longstanding debate between private autonomy and public legislation historically characterizes the evolution of public companies in the Italian legal system. The study looks more closely into this subject from a Labour law perspective, analysing the Legislative Decree no. 175/2016, that includes new rules applicable to the employees of the companies controlled by public administrations. In particular, this law clarifies that the rules applicable to the employment relationship are those of Private Labour law, with a significant exception, i.e. the rules concerning open competitions for the recruitment. The aim pursued by the Author is both to point out some possible problems in the enforcement of the law and to emphasize the need to consider this particular field as an integral part of Labour law legal system, in contrast to how it has been considered in the past.