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        Chapter La professionalità dei lavoratori tra legge e contrattazione collettiva

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        Author(s)
        Zoppoli, Lorenzo cc
        Language
        Italian
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        Abstract
        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.
        URI
        https://library.oapen.org/handle/20.500.12657/96822
        Keywords
        Workers' professional skills; 2103 c.c.; 2015 reform; workers' protection
        DOI
        10.36253/979-12-215-0507-8.76
        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
        14
        Rights
        https://creativecommons.org/licenses/by/4.0/
        • Imported or submitted locally

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        License

        • 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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