Keywords: art. 19 Statuto dei lavoratori; Corte costituzionale; interlocutory decision.
The author submits to a critical analysis the sentence no. 231/2013
of the Corte costituzionale, concerning the discipline of the rappresentanze
sindacali aziendali (union representatives at workplace level) established
by art. 19 of the Statuto dei lavoratori. After briefly illustrating
the context which has originated the issue of constitutionality, the author
dwells on the recent history of art. 19, following the 1995 referendum.
The author agrees that the criterion under which the unions entitled
to constitute Rsa were exclusively those which had signed collective
agreements applied in the work unit was not reasonable, as it harmed
unions expressing dissenting positions. He observes, however, that also
the new criterion individuated by the court - centred on the active participation
of a union to the collective bargaining - may not resolve every
problem. Anyway, the discussed topic is only an aspect of a broader
problem regarding the necessity of new rules for the Italian industrial