Acceso usuarios
Gisella De Simone
According to the Author, since Italian labour law is built upon a standard worker — white, male and Italian it can hardly gua-rantee real equality to non standard workers.
The paper analyses recent developments in hallan labour law on distributive choíces in face of economic crisis and increasing unemployment. Nowadays, many scholars envísage both the re-duction of individual rights arising from the employment relation-ship and the increase of social rights granted by the social security system.
In the Author's opinion, this proposal, which implies a protec-tion of the worker more as a citizen in a new welfare state than as a part to the contract, implicitly modifies the object — or, at least, the strategy — of labour law. Furhtermore, such a change in labour law could give rise to the upsetting of the scale of values stipula-ted by the Constitution: first of all equality.
The Author — giving forward an example — stresses the dange-rous consequences, in terms of indirect discrimination, arising from the justification of differential treatments based on «political-ly opportune» criteria as a matter of social security rather than on legal rules for employment relationship.
