0000000000284135

AUTHOR

Claudio Bennici

Il precariato nel pubblico impiego: il caso dei modelli viventi

Following a brief excursus of the jurisprudential and scholars’ perspective on the subordinate employment relationship, the note analyses the case of 'living models,' addressing the issue of precariousness in public employment, and the sanctioning consequences from an illegitimate reiteration of fixed-term contracts in the public sector.

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Condotta antisindacale nel lavoro tramite piattaforma digitale

Entrusting to the trade union the procedural instrument of guaranteeing the collective interests of workers cannot depend on the contractual form chosen by the parties to the relationship. Excluding, therefore, that the trade union has an interest in acting in the face of conduct that undermines the regularity of the collective protection action is contrary to the very raison d'être of Article 28 of the Labour Statute to defend the constitutionally relevant rights involved in industrial relations, as well as to the spirit of promotion and support of trade union action of the Workers' Statute.

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Le rinunce e transazioni sottratte alla disciplina dell’art. 2113 c.c.

The essay deals with waivers and transactions on employees’ rights. According to the consistent judicial overview of art. 2113 of the civil code, waivers and trans actions on rights guaranteed by mandatory rules of law or collective bargaining, only concern renunciations of rights already acquired by the holder, and not still disputed. In particular, art. 2113 of the civil code does not apply if the right can be dismissed by the right holder, as in the case of job retention.

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