Chapter La professionalità dei lavoratori tra legge e contrattazione collettiva

The essay addresses the traditional yet very relevant topic of protecting workers' professional skills, with particular attention to the intricate relationship between the two main sources: law and collective bargaining. The latter is considered a fundamental "filter" for balancing the protection of...

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Main Author: Zoppoli, Lorenzo
Format: Online
Language:Italian
Published: Firenze University Press 2025
Subjects:
Online Access:ONIX_20241220_9791221505078_614
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author Zoppoli, Lorenzo
author_browse Zoppoli, Lorenzo
author_facet Zoppoli, Lorenzo
author_sort Zoppoli, Lorenzo
collection Directory of Open Access Books
description The essay addresses the traditional yet very relevant topic of protecting workers' professional skills, with particular attention to the intricate relationship between the two main sources: law and collective bargaining. The latter is considered a fundamental "filter" for balancing the protection of professional skills between guarantees for the worker and organizational dynamism. Reexamining the relationship between the two sources from a historical-critical perspective in light of the text of Article 2103 of the Civil Code, revised in 2015, the author argues that the current framework effectively weakens the role of collective bargaining. Instead, it expands both the boundaries of the legal category of the worker and the scope of professional skills as a object of the contract that must be protected according to civil law rules. These rules, it is clarified, cannot be interpreted in a way that reduces the protections afforded to workers compared to any other contracting party, nor to bend labor law to notions of professionalism derived from other scientific approaches. The systemic limit arising from the classification of professionalism as an essential element of the contract (object) also applies to collective bargaining. However, the author ultimately believes that professionalism is a common good for both the worker and the organization and, as such, should be protected through more modern approaches and techniques, such as those found in recent legislation aimed at overcoming the gender pay gap.
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spelling doab-20.500.12854ir-1496032025-07-21T15:45:14Z Chapter La professionalità dei lavoratori tra legge e contrattazione collettiva Zoppoli, Lorenzo Workers' professional skills 2103 c.c. 2015 reform workers' protection thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNH Employment and labour law: general thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNH Employment and labour law: general The essay addresses the traditional yet very relevant topic of protecting workers' professional skills, with particular attention to the intricate relationship between the two main sources: law and collective bargaining. The latter is considered a fundamental "filter" for balancing the protection of professional skills between guarantees for the worker and organizational dynamism. Reexamining the relationship between the two sources from a historical-critical perspective in light of the text of Article 2103 of the Civil Code, revised in 2015, the author argues that the current framework effectively weakens the role of collective bargaining. Instead, it expands both the boundaries of the legal category of the worker and the scope of professional skills as a object of the contract that must be protected according to civil law rules. These rules, it is clarified, cannot be interpreted in a way that reduces the protections afforded to workers compared to any other contracting party, nor to bend labor law to notions of professionalism derived from other scientific approaches. The systemic limit arising from the classification of professionalism as an essential element of the contract (object) also applies to collective bargaining. However, the author ultimately believes that professionalism is a common good for both the worker and the organization and, as such, should be protected through more modern approaches and techniques, such as those found in recent legislation aimed at overcoming the gender pay gap. 2025-01-12T04:39:01Z 2025-01-12T04:39:01Z 2024-12-20T12:53:40Z 2024 chapter ONIX_20241220_9791221505078_614 2704-5919 https://library.oapen.org/handle/20.500.12657/96822 9791221505078 https://directory.doabooks.org/handle/20.500.12854/149603 ita Studi e saggi open access image/jpeg Attribution 4.0 International https://library.oapen.org/bitstream/20.500.12657/96822/1/43158.pdf Firenze University Press 10.36253/979-12-215-0507-8.76 10.36253/979-12-215-0507-8.76 2ec4474d-93b1-4cfa-b313-9c6019b51b1a 9791221505078 14 Florence open access
spellingShingle Workers' professional skills
2103 c.c.
2015 reform
workers' protection
thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNH Employment and labour law: general
thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNH Employment and labour law: general
Zoppoli, Lorenzo
Chapter La professionalità dei lavoratori tra legge e contrattazione collettiva
title Chapter La professionalità dei lavoratori tra legge e contrattazione collettiva
title_full Chapter La professionalità dei lavoratori tra legge e contrattazione collettiva
title_fullStr Chapter La professionalità dei lavoratori tra legge e contrattazione collettiva
title_full_unstemmed Chapter La professionalità dei lavoratori tra legge e contrattazione collettiva
title_short Chapter La professionalità dei lavoratori tra legge e contrattazione collettiva
title_sort chapter la professionalita dei lavoratori tra legge e contrattazione collettiva
topic Workers' professional skills
2103 c.c.
2015 reform
workers' protection
thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNH Employment and labour law: general
thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNH Employment and labour law: general
topic_facet Workers' professional skills
2103 c.c.
2015 reform
workers' protection
thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNH Employment and labour law: general
thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNH Employment and labour law: general
url ONIX_20241220_9791221505078_614
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