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        Chapter Diritto del lavoro e diritto civile tra norme imperative e autonomia contrattuale. One size fits all?

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        Author(s)
        MAGNANI, MARIELLA cc
        Language
        Italian
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        Abstract
        The paper deals with the relationship between labour law and civil (private) law. This relationship is a classic subject of reflection, even in common law systems, for labour lawyers who are searching for their own identity. It is often said that if civil law is the realm of individual autonomy and freedom of contract, then labour law is the realm of mandatory rules. Nevertheless, we have observed since the 1980s, on the one hand, the erosion of the principle of inderogability in the field of labour law and, on the other hand, protection techniques in the field of civil law that mimic those of labour law. Starting from this analysis, the a. discusses the rationale behind the principle of inderogability in labour law and the debate, among Italian scholars and in the international literature, on the enhancement of contractual autonomy in the labour relationship.
        URI
        https://library.oapen.org/handle/20.500.12657/96793
        Keywords
        Labour vs civil/private law; contractual autonomy; protection techniques; role of mandatory rules
        DOI
        10.36253/979-12-215-0507-8.47
        ISBN
        9791221505078, 9791221505078
        Publisher
        Firenze University Press
        Publisher website
        https://www.fupress.com/
        Publication date and place
        Florence, 2024
        Series
        Studi e saggi, 259
        Classification
        Employment and labour law: general
        Pages
        8
        Rights
        https://creativecommons.org/licenses/by/4.0/
        • Imported or submitted locally

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        • If not noted otherwise all contents are available under Attribution 4.0 International (CC BY 4.0)

        Credits

        • logo EU
        • This project received funding from the European Union's Horizon 2020 research and innovation programme under grant agreement No 683680, 810640, 871069 and 964352.

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