Pasqualino Albi

The Constitution as a Legal Argument. Labour Judges and "Constitutional Oriented Interpretation"

  • Abstract

Informations and abstract

Keywords: Constitution; Judicial Interpretation; Equality; Effectiveness of The Employee's Rights.

The Author examines the influence of the Constitution in the judicial interpretation and application of labour law. The focus is particularly on the role played by the principle of equality in job stability and, as a consequence, effectiveness of employment rights. The critical conclusion is that the current concept of job stability is rooted in a view of the employees' weakness, as precluding them from exercising their rights during the employment relation. This undermines the effectiveness of the employee's rights and conceals the idea that inequality of bargaining powers cannot be eliminated. A shift of the labour law paradigm requires focusing on the right of the worker, as an individual, to a decent and free existence. In this respect, it is necessary to rethink the labour law model in its double dimension: the market and the contract dimension.

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