Chapter Sulle distorsioni giuslavoristiche della prospettiva rimediale
Abstract
After distinguishing between the remedial conception of law and remedialist ideology, the author criticises that part of employment law doctrine that has recently argued that employment law analysis should put the focus on facts in brackets and concentrate only on discipline. This approach results in the tyranny of the principle of employment protection (Article 35 of the italian Constitution) and provokes a reaction of legalistic positivism that imprisons the italian employment law discourse within a dead-end track.
Keywords
Remedies; definitions; case law; subordination; principle of employment protectionDOI
10.36253/979-12-215-0507-8.54ISBN
9791221505078, 9791221505078Publisher
Firenze University PressPublisher website
https://www.fupress.com/Publication date and place
Florence, 2024Series
Studi e saggi, 259Classification
Employment and labour law: general