Acceso usuarios
Lorenzo Zoppoli
The essay critically reassesses the interpretative thesis advanced by Paolo Pascucci more than fifteen years ago, according to which Article 9 of the Workers’ Statute, as an expression of a conflict-based system of trade union relations, would have been superseded by subsequent legislative developments inspired by participatory models. Through an examination of the regulatory equilibrium emerging from the interaction between national and European legislation, the author challenges the view that the statutory provision has lost its "raison d’être". This conclusion is supported, first, by the persistent difficulty in achieving the effective implementation of genuinely participatory models in practice and, secondly, by the continuing positive valuation within Italian labour law of collective conflict as a legitimate means of safeguarding workers’ health and safety.
