Antonio Riccio

Organizational changes and power of choice: limits of exercise and legal qualification

  • Abstract

Informations and abstract

Keywords: Power of choice; Freedom of the enterprise; Organization; Subordinated work; Professionality; Clauses of fairness and good faith; Agile work; Bogus self-employment

The essay addresses the topic of the employer’s power of choice and of the collective-relational dimension of subordinated work, also considering organizational and technological changes in the enterprise. The author, first of all, focuses on the explicit and systemic limits to the power of choice, analyzing the role played by professionality and by the general clauses of fairness and good faith. Then, also through some reflections about agile work and of bogus self-employment, the author emphasizes the importance of the analysis of the power of choice both for the identification of the limits of exercise and as a support tool for the definition of subordinated work. Given the considerations that emerged in the essay, in conclusion, the author stresses the current and enduring usefulness of an analysis, also “traditionalµ, of employer power and the need to keep separate the spheres of enterprise freedom and employer power.

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