Supranational limits to the derogatory efficacy of decentralized collective agreements
Are you already subscribed? Login to check
whether this content is already included on your personal or institutional subscription.
Within the European framework of decentralisation of collective bargaining, the Italian legislation has roughly intervened with art. 8, Act n. 148/2011, which entitles decentralised collective agreements to introduce derogatory measures to almost the whole labour law. External limits can be deduced, from the wording of art. 8 as well as from the national legal system, in Eu law, Ilo legislation and Constitution. The importance of those limits however must be balanced with the difficulties, faced both by the employee and the trade unions, to claim for their enforcement. As a consequence, the dynamics of industrial relation are all but stable and, once again, consigned to the judicial check of the single agreement.