Raffaele De Luca Tamajo

Crisis and reorganization of enterprises: individual and collective interests in case law

  • Abstract

Informations and abstract

Keywords: crisis and reorganization of enterprises, collective interest, case law

Legislation provides for forms of unions' control (information, consultation and - sometimes - negotiation) in procedures related to crisis and reorganization of undertakings. The case law referred to these procedures signals a tension between collective and individual dimensions of the interests involved. The author agrees with the majority doctrine which supports collective instruments and interests, even if he recognizes the peculiarity of Italian "Unions Law" and the importance of individual interests involved, but in any case individual autonomy is not to be considered a valid alternative to legal and collective protection.

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