https://illej.unibo.it/issue/feed Italian Labour Law e-Journal 2021-12-22T12:29:31+01:00 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/13833 The Autonomous Workers and the Needed Responses of Social Protection Systems to Overcome Transitions 2021-11-24T12:22:47+01:00 Chiara Garbuio chiara.garbuio@unive.it <p>The contribution investigates the need to provide an efficient system of active labour market policies for the autonomous workers too, and despite their heterogeneity, in order to give them the adequate support to stay and to overcome transitions in the labour market.</p> 2021-12-22T00:00:00+01:00 Copyright (c) 2021 Chiara Garbuio https://illej.unibo.it/article/view/13845 Economic Dependency and Contractual Imbalance of Self-Employed Workers in the Italian Legal Framework 2021-11-29T14:57:11+01:00 Caterina Mazzanti caterina.mazzanti@uniud.it <div><span lang="EN-US">The contribution aims at analyzing the issue of economic dependency of self-employed workers in the Italian Legal system and the problem of their contractual imbalance. At this purpose, it focuses on Art. 3, L. no. 81/2018 on unfair clauses and practices, which settles different measures in favor of self-employed workers.</span></div> 2021-12-22T00:00:00+01:00 Copyright (c) 2021 Caterina Mazzanti https://illej.unibo.it/article/view/13846 How much autonomy in autonomous work? – legal status and social protection of ‘freelancers’ in Poland 2021-11-27T12:22:08+01:00 Kamila Naumowicz kamila.naumowicz@gmail.com <p>One of the main problems of freelancers in Poland underlined by the pandemic is the fact that they have been faced with the lack of legal measures adequate to guarantee their social protection. The question that naturally arises is – how to guarantee fundamental social rights to the self-employed and protect their autonomy at the same time? In this paper, the author deals with this question, by analyzing the answers given by the Polish government in the latest reform of the collective labour law – an introduction of a new category of “persons performing paid work” that gave right of association also to workers whose work performance is not based on labour law contracts. The analysis leads to the question of the boundaries between protection of social rights and guarantee of autonomy on the other hand.</p> 2021-12-22T00:00:00+01:00 Copyright (c) 2021 Kamila Naumowicz https://illej.unibo.it/article/view/14005 The New Working (Poor) Class. Self-Employment and In-Work Poverty in the EU: a Supranational Regulatory Strategy 2021-12-13T10:18:02+01:00 Veronica Papa vpapa@lex.unict.it <p>The paper aims to discuss the intersections between self-employment and in-work poverty in the EU. <br />In the first part of the article, after an analysis of the polysemic concept of self-employment, the Author examines the self-employment/poor work dyad in the European Union.<br />The second part of the paper deals with the possible answers to in work-poverty in terms of policies and regulatory options at EU level, considered in the framework of the overall aim of fighting poverty and social exclusion in the European Union.</p> 2021-12-22T00:00:00+01:00 Copyright (c) 2021 Veronica Papa https://illej.unibo.it/article/view/14078 Economically Dependent Workers: main aspects of their protection in the Spanish Labour Law and Social Security System 2021-12-17T14:25:20+01:00 María Salas Porras mariasalas@uma.es <p>The contribution aims at presenting the Spanish legal frame of the so called “Trabajadores Económicamente Dependientes”, putting special stress on those aspects related to both the protection given in the productive relationship by Labour Law and the one foreseen by the Social Security System.</p> 2021-12-22T00:00:00+01:00 Copyright (c) 2021 María Salas Porras https://illej.unibo.it/article/view/14057 Editorial 2021-12-16T11:58:04+01:00 Iacopo Senatori iacopo.senatori@unimore.it Edoardo Ales edoardo.ales@uniparthenope.it 2021-12-22T00:00:00+01:00 Copyright (c) 2021 Iacopo Senatori; Edoardo Ales https://illej.unibo.it/article/view/14085 Who is afraid of unions representation? Some considerations on the SAP SE case in the light of EU Labour Law. 2021-12-18T16:26:24+01:00 Edoardo Ales edoardo.ales@uniparthenope.it <p>The contribution focuses on the <em>Bundesarbeitsgericht</em>’s question to the Court of Justice whether a provision according to which, in the case where an SE with its registered office in Germany is established by means of transformation, a separate selection procedure for persons nominated by trade unions for a certain number of supervisory board members representing the employees must be guaranteed (§ 21(6) <em>SEBG</em>), is compatible with Article 4(4) of Council Directive 2001/86/EC of 8 October 2001 supplementing the Statute for a European company with regard to the involvement of employees. In the view of the Author the answer should be in the sense of compatibility.</p> 2021-12-22T00:00:00+01:00 Copyright (c) 2021 Edoardo Ales https://illej.unibo.it/article/view/13787 The Dutch system for youth minimum wages: expressing concern about age discrimination and the rights of young people 2021-11-04T20:30:39+01:00 Krystyna Bakhtina krystyna.bakhtina@gmail.com <p>The present article examines the Dutch system of youth minimum wages, the system which provides for lower wages for those younger than 21. One of the main reasons behind this policy is to promote employment of young people entering the labour market. There is a lot of economic literature which analyses the effects of minimum wages on youth employment. However, the topic of youth minimum wages has not been addressed from the perspective of the rights of young individuals; the literature has paid little attention to the discriminatory character of the system of youth minimum wages. This paper argues that the system of Dutch youth minimum wages clearly disregards the rights of young people and leads to discriminatory outcomes. The paper calls to further investigate the effectiveness of this policy by taking into consideration its discriminatory character and the effects on the rights of young people.</p> 2021-12-22T00:00:00+01:00 Copyright (c) 2021 Krystyna Bakhtina https://illej.unibo.it/article/view/13566 The network contract: an instrument to contrast labour exploitation in agriculture. The Italian case 2021-10-06T22:22:25+02:00 Vincenzo Cangemi vincenzo.cangemi@hotmail.it Roberto Pettinelli robertopettinelli89@gmail.com <p>The essay, after investigating the criticalities of the agro-food chain that make illegal gang-master trade (“caporalato”) a phenomenon coessential to the survival of the agricultural enterprise on the market in the face of the negotiating dominance of the large-scale retail trade (GDO), , illustrates the prospects and potentialities of the use of the network contract as a tool to contrast the informal economy. The co-determination, in fact, allowing companies to share the cost of labor in return for a joint employment, seems a tool susceptible to combat the serious labor exploitation much more than the criminal sanction policies, even in light of the low effectiveness of the Network of agricultural labor quality.</p> 2021-12-22T00:00:00+01:00 Copyright (c) 2021 Vincenzo Cangemi, Roberto Pettinelli https://illej.unibo.it/article/view/14079 Index funds and employee welfare: some exploratory insights 2021-12-17T14:39:20+01:00 Sergio Gilotta sergio.gilotta@unibo.it <p>This brief Article offers some reflections on the relation between the increasing prominence of large institutional investors, such as index funds, in the corporate governance of public firms, and employee welfare. The Article addresses two intertwined issues: how the growing concentration of public equity ownership in the hands of such institutional investors may have contributed to wage stagnation and the degradation of labor conditions more generally, and how the established presence of such institutional investors as stable, long-term shareholders in today’s public firms might help improving those conditions in the future.</p> 2021-12-22T00:00:00+01:00 Copyright (c) 2021 Sergio Gilotta https://illej.unibo.it/article/view/13483 The dual dimension of the European Social Charter and its effects on the rules on protection against unlawful dismissals 2021-11-02T10:45:33+01:00 Alessandro Giuliani alessandro.giuliani@staff.univpm.it <p>This contribution deals with the influence of the European Social Charter on the sanctioning legal regime of unlawful dismissals. In particular, the dialogue between the system of the Social Charter and constitutional jurisprudence appears to be of particular interest, the outcome of which appears to increase the space of discretion of the judicial activity.</p> 2021-12-22T00:00:00+01:00 Copyright (c) 2021 Alessandro Giuliani https://illej.unibo.it/article/view/14099 Artificial intelligence, work, power imbalance and democracy – why co-determination is essential 2021-12-19T18:00:02+01:00 Ernesto Klengel ernesto-klengel@boeckler.de Johanna Wenckebach johanna-wenckebach@boeckler.de <p>Artificial intelligence (AI) has growing impact on working life. Risks of job losses, discrimination, data protection violations, surveillance pressure and health hazards require legal regulation. But which legal framework is necessary to effectively protect the rights and interests of workers?<br>Workplace co-determination can help to minimize risks and reap the benefits of AI systems. It is therefore a problem that collective, co-determinated solutions do not seem to be considered in the drafting of the AI Act at EU level. This does not live up to the aspirations currently expressed in the European Pillar of Social Rights, and some member states go decidedly further, too. Fair AI requires involvement and empowerment of the workforce. Otherwise, the intended "human-centered" approach to AI in the world of work remains just a phrase.</p> 2021-12-22T00:00:00+01:00 Copyright (c) 2021 Ernesto Klengel, Johanna Wenckebach https://illej.unibo.it/article/view/13859 EU Strategy against gender pay gap through wage transparency: the best is yet to come. 2021-12-03T17:36:27+01:00 Anna Zilli anna.zilli@uniud.it <div><span lang="EN">The proposal for a Directive on transparency and wage equality presented by the Commission on 4 March 2021 confirms the saying that “knowledge is power”: the gender pay gap can be faced and solved if workers and, especially, female workers are enabled to know the salaries of their peers. Technology helps overcome privacy issues on a sensitive aspect of the employment relationship</span></div> 2021-12-22T00:00:00+01:00 Copyright (c) 2021 Anna Zilli