Flavio Leardini

Obbligazione retributiva, flessibilità salariale e posizioni giuridiche soggettive

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The essay underlines the particular nature of wage obligation as regards its structure and function. This is done in order to discover how new gain sharing and profit sharing schemes of wage (flexible wage) are able to react upon subjective positions of the contract of employement. In the author's opinion wage features cannot be seen only like a composed set of elements describing structure and as an application of proportionality and sufficiency principles closely linked to article 36 of Constitution explaining function. Such points of view, however, are surely the most diffused and generally accepted interpretations of the contract of employement. Wage should rather be considered as the obligation which shows a self resemblance to the general balance of risks and ties developed by the contract. The same balance that usually can be perceived only through the wole contractual program. This kind of approach has a very important consequence. Changing wage in a part does not simply mean to change a component of a contractual obligation, since it could have an influence upon the whole balance of subjective positions arising from the contract. So that the employer's power to organize production cannot be kept out of any employee's control in cases of flexible wages connected to the features of the organization. The tecnical equipment to make this control possible may be found in principles already applied to the legal evalutation for the right exercise of public powers and in the claim to quash any act in contrast with the correct scheme.

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