https://illej.unibo.it/issue/feed Italian Labour Law e-Journal 2021-07-29T12:41:14+02:00 Emanuele Menegatti illej@unibo.it Open Journal Systems <strong>Italian Labour Law e-Journal (ILLeJ) – ISSN 1561-8048</strong> is an open-access peer-reviewed Journal aiming at the advancement of comparative studies on current labour law topics. https://illej.unibo.it/article/view/13383 Corrigendum: Domestic Workers’ Treatment under Ethiopian and South African Laws by Diriba Mangasha Dabala and Abdata Abebe Sefara 2021-07-29T10:31:37+02:00 Diriba Mangasha Dabala dabala.diriba7@gmail.com Abdata Abebe Sefara abdetalaw@gmail.com 2021-07-29T00:00:00+02:00 Copyright (c) 2021 Diriba Mangasha Dabala, Abdata Abebe Sefara https://illej.unibo.it/article/view/13357 The European Framework Agreement on Digitalisation: a tough coexistence within the EU mosaic of actions 2021-07-26T16:56:48+02:00 Leonardo Battista leonardo.battista2@unibo.it <p>Digital transformation of work is an unstoppable phenomenon, and a “multifaceted topic”. Platform and remote work and data manipulation are only aspects of the whole picture, creating new challenges for public stakeholders. The more the world of work changes, the more industrial relations are stimulated to cope with it. With this aim, European social partners have responded to the impact of digitalization on the labour market, with the adoption of the “European framework agreement on digitalization” (EFAD). Although the EFAD is fully in line with the European involvement in granting rights to workers involved in the digital transformation of the labour market, many questions are still on the table. There are many concerns about the integration of the EFAD within the mosaic of actions at EU level with regards to the digitalisation and automation at the workplace. A difficult integration that raises doubts about the effective implementation of the EFAD at national level and even about the role and the maneuvering space granted to European Social Partners in this field.</p> 2021-07-29T00:00:00+02:00 Copyright (c) 2021 Leonardo Battista https://illej.unibo.it/article/view/12946 Safety at work, new risks, and employer liability: prospects for post-Covid-19 regulation in Italy 2021-05-28T16:15:53+02:00 Maria Giovannone maria.giovannone@uniroma3.it <p>The search for increasingly sophisticated prescriptive regulatory solutions regarding employer liability in the OHS system has led to several legislative interventions, as well as reflections and debates in doctrine and jurisprudence. However, against the background of new and emerging OHS risk factors such as COVID-19, less attention has been given to employer liability and company resilience. While the principle of “maximum technologically possible safety” is not new, the question of how it is to remain unvaried in the face of new multifactorial, ubiquitous, and transversal risks, without excessively penalising companies, has been controversial for some time. Given new risks, such as COVID-19, this paper will analyse employer liability in OHS as it relates to interpretative problems and the definition of its containment perimeter.</p> 2021-07-29T00:00:00+02:00 Copyright (c) 2021 Maria Giovannone https://illej.unibo.it/article/view/13375 Access to Justice in Labour Cases in Hungary during the Covid-19 Pandemic 2021-07-28T16:11:47+02:00 Szilvia Halmos halmos.szilvia@gmail.com <p>Access to justice is a fundamental right of workers stipulated in a set of international, EU and national instruments of law. The lockdowns induced by the Covid-19 pandemic have had double negative impact on the effective enforcement of this right. While pandemic-related lockdowns resulted in an increasing number of labour disputes and dismissals as well as generated novel and difficult questions of labour law, accessibility of legal remedies in Hungary became limited through the (temporary) restrictions concerning the functioning of the judiciary. In parallel, emergency-related amendments of labour law have, on the one hand, supported the survival of undertakings, on the other hand, restricted individual and collective rights of workers. This paper is designed to give a comprehensive view on the endeavours of Hungarian labour courts to guarantee the possibly uninterrupted and safe maintenance of litigation in labour cases.</p> 2021-07-29T00:00:00+02:00 Copyright (c) 2021 Szilvia Halmos https://illej.unibo.it/article/view/12990 Behind the Scenes of Deliveroo’s Algorithm: in the Blindness of “Frank” its Discriminatory Potential 2021-06-04T16:04:26+02:00 Ilaria Purificato ilaria.purificato@unimore.it <p>This article addresses some of the main topics arising from the order issued by the Court of Bologna on 31 December 2020 which has declared the potentially discriminatory nature of the work sessions’ “self-service booking” system of the platform “Deliveroo”. In the first part, the question of the applicability of anti-discrimination law to cases of discrimination on trade union grounds is positively resolved, on the basis of domestic, European and international legislation and case law. In addition, noting the strategic nature of the lawsuit proposed, the hypothesis that anti-discrimination protection could be a more effective means of protection for those workers with a debated legal classification is outlined. In the second part, starting from the description of the discriminatory nature of the digital platform’s algorithm system, it concludes with a broader reflection on Artificial Intelligence, stimulated by the Proposal for a Regulation of the European Parliament and of the Council laying down harmonised rules on Artificial Intelligence (Artificial Intelligence Act).</p> 2021-07-29T00:00:00+02:00 Copyright (c) 2021 Ilaria Purificato https://illej.unibo.it/article/view/13063 Not So Easy, Riders: The Struggle For The Collective Protection of Gig-Economy Workers 2021-06-17T20:34:20+02:00 Giuseppe Antonio Recchia giuseppe.recchia@uniba.it <p>The contribution aims at critically analyze the Labour Tribunal of Florence decision, which in February 2021 stated that Art. 28 of the Italian Workers’ Statute could be actioned only in relation to anti-trade unions practices arising from employment relationships and identifying the employer as the counterpart, exempting a similar protection to gig-economy riders and their trade unions. On the one hand, in fact, the ruling moves along the increasingly numerous disputes on the qualification of the work relationship of platform workers, and on the other hand it offers the chance to assess the legal relevance of the collective interests of platform workers, and more in general of those who fall outside of the employment relationship’s scope.</p> 2021-07-29T00:00:00+02:00 Copyright (c) 2021 Giuseppe Antonio Recchia https://illej.unibo.it/article/view/13376 (Re-)Regulating Remote Work in the Post-pandemic scenario: Lessons from the Italian experience 2021-07-28T16:29:13+02:00 Iacopo Senatori iacopo.senatori@unimore.it Carla Spinelli carla.spinelli@uniba.it <p>This essay addresses the complex model of regulation of remote work existing in Italy, composed of three distinct schemes: telework, “ordinary” agile work and the special form of agile work temporarily established to tackle the pandemic emergency. It compares the structural and functional features of the three bodies of rules by the systematic analysis of the relevant sources of legal and contractual nature. The aim is to assess the different solutions they envisage for the current problems of remote work, with a view to exploring possible ways to prepare the transition of this form of flexibility in the post-pandemic world of work.</p> 2021-07-29T00:00:00+02:00 Copyright (c) 2021 Iacopo Senatori, Carla Spinelli https://illej.unibo.it/article/view/13353 Modern slavery in Russia: exploitation without chains 2021-07-26T09:48:21+02:00 Elena Sychenko e.sychenko@mail.ru Vera Gracheva vgracheva35@gmail.com Maxim Rodichev rodichevml@gmail.co <p>This article is devoted to the study of the modern slavery phenomenon in Russia and the problems associated with the protection of citizens. Drawing from the experience of Interregional Public Movement «Alternative» against trafficking in human beings and modern forms of forced labour, and analysis of the Russian case-law under Article 127.1 of the&nbsp;Penal Code&nbsp;(«Human trafficking») and the relevant jurisprudence of the European Court of Human Rights, the authors come to conclusions on measures that need to be taken at the state level to create an effective system to combat «modern slavery». These measures should be both of legal and organizational nature. In particular, the authors substantiate the need for the Russian authorities to recognize&nbsp;the depth of the problem, to urgently adopt a national plan of action to combat trafficking in human beings, to create a system for the protection of victims of this crime that meets the requirements of international instruments signed by Russia, and to sign and ratify the Council of Europe Convention on Action against Trafficking in Human Beings.</p> 2021-07-29T00:00:00+02:00 Copyright (c) 2021 Elena Sychenko, Vera Gracheva, Maxim Rodichev https://illej.unibo.it/article/view/12429 The ambiguous role of social clauses in European directive 2014/24 2021-03-08T18:04:25+01:00 Davide Tardivo davide.tardivo@unipd.it <p>Public procurements represent a strategic solution to deliver “collateral” effects on the environment and social protection fields. As a reaction to the pro-market decisions of the Court of Justice, European Institutions demanded the revision of the 2004 Directives, in order to enhance the social use of procurements. The 2014 Directive embodies a remarkable shift in this direction. The new Directive nonetheless does not seem to sort out all issues regarding the application of social clauses especially those prescribing minimum pay rates</p> 2021-07-29T00:00:00+02:00 Copyright (c) 2021 Davide Tardivo https://illej.unibo.it/article/view/13368 A paradigm shift towards Social Europe? The proposed Directive on adequate minimum wages in the European Union 2021-07-28T11:29:15+02:00 Thorsten Schulten thorsten-schulten@boeckler.de Torsten Müller tmueller@etui.org <p>In autumn 2020, the European Commission published a proposal for a "Directive on adequate minimum wages in the European Union". For the first time in the history of the EU, draft legislation is on the table which explicitly aims not only to significantly increase the level and scope of minimum wages in Europe, but also to strengthen collective bargaining systems. The proposal thus represents a fundamental paradigm shift in European labour policy. Not so long ago, the Commission essentially viewed adequate minimum wages and strong collective bargaining systems as institutional barriers for the functioning of free markets and thereby as having a negative impact on the development of growth and employment. Indeed, in the wake of the last major economic crisis in 2008/2009, the EU exerted considerable influence in many countries towards freezing or even decreasing minimum wages and weakening collective bargaining systems. Now the European Commission’s approach is the exact opposite: by upgrading minimum wages and extending collective bargaining, the main aim is to strengthen the bargaining position of workers. The adoption of the Directive would mark a significant step towards a more “Social Europe”. However, the debate on the Directive is shaped by various political and legal fault lines so that its adoption is still anything but certain.</p> 2021-07-29T00:00:00+02:00 Copyright (c) 2021 Thorsten Schulten, Torsten Müller https://illej.unibo.it/article/view/13369 Much ado about little: The Commission proposal for a Directive on adequate wages 2021-07-28T11:55:22+02:00 Emanuele Menegatti e.menegatti@unibo.it <p>The European Commission recently presented a proposal for a Directive on the topic of adequate minimum wages. The purpose of the directive is to prompt an upward convergence of national minimum wages, so as to ensure their adequacy in all EU countries. This article aims to analyze the actions included in the draft Directive and evaluate the adequacy of its legal basis, eventually drawing some critical conclusions.</p> 2021-07-29T00:00:00+02:00 Copyright (c) 2021 Emanuele Menegatti https://illej.unibo.it/article/view/13371 Directive on Adequate Minimum Wages: European institutions must respect the promise made to workers! 2021-07-28T14:59:57+02:00 Luca Visentini generalsecretary@etuc.org <p>The contribution aims at presenting the position and main messages of the European Trade Union Confederation on the Commission’s recent proposal for a Directive on Adequate Minimum Wages in the EU, which is currently under discussion in the European institutions.</p> 2021-07-29T00:00:00+02:00 Copyright (c) 2021 Luca Visentini https://illej.unibo.it/article/view/13367 The minimum wage Directive proposal and the promotion of collective bargaining: the voice of SGI-Europe 2021-07-28T10:20:38+02:00 Jeanette Grenfors jeanette.grenfors@skr.se Elvira Gentile gentile@aranagenzia.it <p>The contribution presents the points of view of SGI Europe, as one of the cross-sectoral European Employer Social Partners. In particular, it focuses on SGI Europe´s position paper, highlighting some of the crucial points on the Directive linked to collective bargaining promotion and the role of Social Partners. The article also analyses SGI Europe proposals for amendments regarding some of the Directive provisions in the text presented by the Commission.</p> 2021-07-29T00:00:00+02:00 Copyright (c) 2021 Jeanette Grenfors, Elvira Gentile https://illej.unibo.it/article/view/13370 The Proposal for an EU Directive on adequate Minimum Wages and its impact on Italy 2021-07-28T14:40:48+02:00 Massimiliano Delfino delfino@unina.it <p>This contribution aims to assess the effects on the Italian legal order of the proposed directive of the European Union on minimum wages. The approach adopted in the research was that of the legal-regulatory analysis of the provisions of the proposal and their effects on the Italian statutory and collective sources. The approval of the directive would require the Italian legislator to take transposition action even if it were not decided to introduce legislation on minimum wages. The research has the limit of placing a proposal for a directive at the centre of the investigation which is not known whether and in which version it will be approved but the contribution constitutes a useful tool available to the European and domestic legislators to understand the constraints and potential of regulatory intervention on the matter. The original features of the research are represented by the delimitation of the boundaries of the Union's competence in the field of remuneration and the interaction between the EU and Italian legal dimensions.</p> 2021-07-29T00:00:00+02:00 Copyright (c) 2021 Massimiliano Delfino https://illej.unibo.it/article/view/13372 Notes on the proposal for a directive on adequate minimum wages: a German perspective 2021-07-28T15:15:48+02:00 Maximilian Fuchs maximilian-fuchs@arcor.de <p>The proposal for a minimum wage directive has met with partly harsh criticism in many countries. Lack of EU legal competence is one of the main points contested. The present German Ministry of Labour and Social Security is in favour of the proposal seeing it as a means to strengthen welfare and peace in Europe and to improve overall wage levels. The same is true of the majority of German trade unions, whereas employers’ associations are strictly against this piece of legislation. In legal literature strong opposition can be found as well as voices who support the proposal but recommend amendments with a view to the legal base problem.</p> 2021-07-29T00:00:00+02:00 Copyright (c) 2021 Maximilian Fuchs https://illej.unibo.it/article/view/13373 Proposal for a Directive on adequate minimum wages in the European Union: a look at French law 2021-07-28T15:32:17+02:00 Thomas Pasquier Thomas.Pasquier@univ-lyon2.fr <p>On October 28, 2020, the European Commission published a Proposal for Directive 2020/0310 on adequate minimum wages in the European Union. The project was expected and the result is both ambitious and modest. Ambitious because the Commission calls for the determination of criteria to define an “adequate minimum wage” or “decency threshold”: reality of purchasing power, general level of wages and their distribution, average wage increases, labour productivity. To achieve this result, the project intends to promote the action of the social partners ant the lever or collective bargaining. But the project is also modest because the difficulty lies in avoiding the opposition of Member States that would result from their legal competence in determining wages and representing workers in collective bargaining. The drafting of the proposal is both cautious and often not very restrictive. The impact on French law will undoubtedly be relative, as the French tradition of collective bargaining on the minimum wage seems both well anchored in the national landscape and more demanding than the elements delivered by the proposal. France, however, was arguably not the core target of the minimum wage proposal.</p> 2021-07-29T00:00:00+02:00 Copyright (c) 2021 Thomas Pasquier https://illej.unibo.it/article/view/13374 The Impact of the Directive on Adequate Minimum Wages in the European Union on Polish Labour Law 2021-07-28T15:54:53+02:00 Barbara Surdykowska b.surdykowska@solidarnosc.org.pl Łukasz Pisarczyk l.pisarczyk@wpia.uw.edu.pl <p>The aim of the paper is to present potential legal consequences of the reception of the future directive on adequate minimum wages in Poland as well as the social, economic and political context of this process. The adoption and implementation of the future directive would require changes in Polish law. First of all, the mechanism of setting the statutory minimum wage, especially the reference criteria, would have to be amended. The necessary amendments include also the establishment of an advisory body. Finally, the directive can be seen as an impulse to revive social dialogue, which is undergoing a deep crisis. Due to the complexity of the regulations, it is difficult to clearly assess whether any modifications will be needed as regards the protection of minimum wages. Although the directive could be a chance to improve working and living conditions in Poland, there is no enthusiasm about the draft. The government raises doubts about the EU’s treaty competences to issue the directive and is also very sceptical about the need and possibility to increase the scale of collective bargaining in Poland. Not surprisingly, the approach of the social partners is varied: rather negative in the case of employers and more positive as far as trade unions are concerned. Nonetheless, it would be unrealistic to expect widespread support for the proposed solutions.</p> 2021-07-29T00:00:00+02:00 Copyright (c) 2021 Barbara Surdykowska, Łukasz Pisarczyk https://illej.unibo.it/article/view/13356 Editorial 2021-07-26T16:40:10+02:00 Emanuele Menegatti e.menegatti@unibo.it 2021-07-29T00:00:00+02:00 Copyright (c) 2021 Emanuele Menegatti