Italian Labour Law e-Journal https://illej.unibo.it/ <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. Department of Sociology and Business Law. Alma Mater Studiorum - Università di Bologna en-US Italian Labour Law e-Journal 1561-8048 <p>The copyrights of all the texts on this journal belong to the respective authors without restrictions. Authors grant to the journal a non-exclusive right to publish their work.</p><div><a href="http://creativecommons.org/licenses/by/4.0/" rel="license"><img src="https://licensebuttons.net/l/by/4.0/88x31.png" alt="Creative Commons License" /></a></div><p>This journal is licensed under a <a href="http://creativecommons.org/licenses/by/4.0/" rel="license">Creative Commons Attribution 4.0 International License</a> (<a href="http://creativecommons.org/licenses/by/4.0/legalcode">full legal code</a>). <br /> See also our <a href="/about/editorialPolicies#openAccessPolicy">Open Access Policy</a>.</p> Who is afraid of unions representation? Some considerations on the SAP SE case in the light of EU Labour Law. https://illej.unibo.it/article/view/14085 <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> Edoardo Ales Copyright (c) 2021 Edoardo Ales https://creativecommons.org/licenses/by/4.0 2021-12-22 2021-12-22 14 2 71 83 10.6092/issn.1561-8048/14085 The Dutch system for youth minimum wages: expressing concern about age discrimination and the rights of young people https://illej.unibo.it/article/view/13787 <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> Krystyna Bakhtina Copyright (c) 2021 Krystyna Bakhtina https://creativecommons.org/licenses/by/4.0 2021-12-22 2021-12-22 14 2 85 96 10.6092/issn.1561-8048/13787 The network contract: an instrument to contrast labour exploitation in agriculture. The Italian case https://illej.unibo.it/article/view/13566 <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> Vincenzo Cangemi Roberto Pettinelli Copyright (c) 2021 Vincenzo Cangemi, Roberto Pettinelli https://creativecommons.org/licenses/by/4.0 2021-12-22 2021-12-22 14 2 97 118 10.6092/issn.1561-8048/13566 Index funds and employee welfare: some exploratory insights https://illej.unibo.it/article/view/14079 <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> Sergio Gilotta Copyright (c) 2021 Sergio Gilotta https://creativecommons.org/licenses/by/4.0 2021-12-22 2021-12-22 14 2 119 138 10.6092/issn.1561-8048/14079 The dual dimension of the European Social Charter and its effects on the rules on protection against unlawful dismissals https://illej.unibo.it/article/view/13483 <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> Alessandro Giuliani Copyright (c) 2021 Alessandro Giuliani https://creativecommons.org/licenses/by/4.0 2021-12-22 2021-12-22 14 2 139 155 10.6092/issn.1561-8048/13483 Artificial intelligence, work, power imbalance and democracy – why co-determination is essential https://illej.unibo.it/article/view/14099 <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> Ernesto Klengel Johanna Wenckebach Copyright (c) 2021 Ernesto Klengel, Johanna Wenckebach https://creativecommons.org/licenses/by/4.0 2021-12-22 2021-12-22 14 2 157 171 10.6092/issn.1561-8048/14099 EU Strategy against gender pay gap through wage transparency: the best is yet to come. https://illej.unibo.it/article/view/13859 <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> Anna Zilli Copyright (c) 2021 Anna Zilli https://creativecommons.org/licenses/by/4.0 2021-12-22 2021-12-22 14 2 173 183 10.6092/issn.1561-8048/13859 The Autonomous Workers and the Needed Responses of Social Protection Systems to Overcome Transitions https://illej.unibo.it/article/view/13833 <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> Chiara Garbuio Copyright (c) 2021 Chiara Garbuio https://creativecommons.org/licenses/by/4.0 2021-12-22 2021-12-22 14 2 1 16 10.6092/issn.1561-8048/13833 Economic Dependency and Contractual Imbalance of Self-Employed Workers in the Italian Legal Framework https://illej.unibo.it/article/view/13845 <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> Caterina Mazzanti Copyright (c) 2021 Caterina Mazzanti https://creativecommons.org/licenses/by/4.0 2021-12-22 2021-12-22 14 2 17 27 10.6092/issn.1561-8048/13845 How much autonomy in autonomous work? – legal status and social protection of ‘freelancers’ in Poland https://illej.unibo.it/article/view/13846 <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> Kamila Naumowicz Copyright (c) 2021 Kamila Naumowicz https://creativecommons.org/licenses/by/4.0 2021-12-22 2021-12-22 14 2 29 39 10.6092/issn.1561-8048/13846 The New Working (Poor) Class. Self-Employment and In-Work Poverty in the EU: a Supranational Regulatory Strategy https://illej.unibo.it/article/view/14005 <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> Veronica Papa Copyright (c) 2021 Veronica Papa https://creativecommons.org/licenses/by/4.0 2021-12-22 2021-12-22 14 2 41 58 10.6092/issn.1561-8048/14005 Economically Dependent Workers: main aspects of their protection in the Spanish Labour Law and Social Security System https://illej.unibo.it/article/view/14078 <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> María Salas Porras Copyright (c) 2021 María Salas Porras https://creativecommons.org/licenses/by/4.0 2021-12-22 2021-12-22 14 2 59 69 10.6092/issn.1561-8048/14078 Editorial https://illej.unibo.it/article/view/14057 Iacopo Senatori Edoardo Ales Copyright (c) 2021 Iacopo Senatori; Edoardo Ales https://creativecommons.org/licenses/by/4.0 2021-12-22 2021-12-22 14 2 I I 10.6092/issn.1561-8048/14057