163 research outputs found
Il liberalismo illuminato di Zanardelli: legislazione sociale e libertà sindacale
No full textThe essay focuses on the political role played by Giuseppe Zanardelli
between the end of the 19th century and the beginning of the 20th, and
on his influence on the enactment of some of the most relevant statutory
reforms at the time. The partial decriminalization of strikes in the
1889 Penal Code – allowing peaceful abstentions from work – as well
as the Women’s and Children’s Labour Act, even though named after the
finance minister Carcano, can be traced back to Zanardelli’s political influence.
Moving from Zanardelli’s contribution to these and other reform
projects, the author describes his enlightened and liberal attitude
Riforma del TFR e previdenza complementare, tra neopaternalismo pubblico e autonomia privata
No full textThe Author begins reminding the origins of the Italian peculiar system of Tfr (trattamento di fine rapporto) severance pay, analysing its different functions (postponed pay, forced saving, social security protection) which developed during the last decades (from sixty's up to now) according to changes in its scope and in its rules. Then, she goes through the newest rules, under which the employer is generally obliged to pay the annual allocation of Tfr to the Supplementary Pensions Scheme (Occupational Fund or other one) chosen by the employee and also values the balance between costs and benefits for both the employee and the employer. Finally the Author focuses on the real protection given to the "forced saving" of the employees, now invested in Funds that can award better return than the (low but sure) return of Tfr, but can also lose part of the forced saving of the employees, taking into account, particularly, the high operating costs of these Funds. In the end, the Author underlines the need of more information, consciousness and transparency in the relationship between the employees/investors and the Funds, as well as the gaps in global protection given to the workers performing low paid jobs, and more generally, to all workers who have no regular career and regular record of contribution to the Supplementary Pension Schem
Lavoro digitale e subordinazione. Prime riflessioni.
No full textIn the essay, the Author, after having reconstructed – along the lines of the dichotomy apocalyptic vs integrated – the positions of the doctrine about the recent Gig economy phenomenon, points out the need to carefully distinguish the differences of these phenomena avoiding improper assimilation and simplification. Only in this way we can realize that some modern forms of digital work can be brought back to the area of subordinate work, provided that we understand the subordination as «double alienity» (of the work’s result and of the organization in which the employee is inserted). Then, the Author introduces some reflections about the relationship between digitalization and «traditional» work. The essay
concludes about the possibility of protecting digital workers, modern as well as traditional, through anti-discrimination law and collective bargaining
Tra il dire e il fare. Obiettivi e tecniche delle politiche per il lavoro femminile nella riforma Fornero
No full textMoving from the question “why everyone nowadays says that Italy needs to increase the women’ participation in the labour markets?”, the Author considers the different possible underlying reasons, the ethical case vs. the business case.
As one of the goals targeted by the present Government is just the enhancing of women’ employment, the essay tries to evaluate if and how the recent policies engaged by the Labour Minister Fornero are consistent with this intention and differ from the ones of the past Government.
The essay focuses on the recent Act n. 92/2012, a deep reform of the labour relationships as well as of the labour market, that directly or indirectly affects women. The main issues considered are the important changes in the dismissal law (Art. 18 Act. n° 300/1967, Statuto dei lavoratori), whose gender character is enlightened. According to the Author, the uncertain distinction between unjustified dismissals and discriminatory dismissals, together with the increased dramatic differences in the protection grant by Act n° 92/2012 in the two cases, could reduce the real protection against dismissals based on grounds of sex or maternity, on one hand, and could fail to increase the women’ employment on the other hand
Lo spazio e il ruolo del voto, tra elezioni e plebisciti. Lezioni dal caso Fiat
No full textThe Author analyses the experience of referendum within enterprises, in the frame of the two levels (industry-wide/company-wide) collective bargaining. The focus is put on "what", "how" and "why" Trade Unions choose to let workers decide through referendum. Moving from the peculiar case of recent referendums in some plants of the Fiat Group in Italy (Pomigliano and Mirafiori), the essay tries to assess the content of this kind of referendum, as an instrument of direct democracy on one side, and a measure of the real workers' consent as well of the real Trade Unions' capability of representation of workers' interests on the other side. Finally, the Author discloses and criticizes some alarming effects of these recent referendums, as regards the bypassing of the traditional model of industrial relations on one hand and, on the other hand, the lack of representation at company level for those Trade Unions (even the most representative, comparatively) who don't accept the lower working conditions imposed by the results of the referendum, refusing to sign the agreement bargained, on such a ground, by the employer with the others Trade Union
Conciliare lavori e famiglie. Differenze virtuose e differenze perniciose in tema di tassazione dei redditi da lavoro e sistemi pensionistici
No full textReconciling works and families.
Virtuous differences and pernicious differences in the field of salary income taxation and pensions schemes.
In the first paragraphs, the author considers on one side the different meanings of the word “conciliation” and the different underlying notions, on the other side the possible horns of the “conciliation dilemma”: works/families, remunerated work/care, professional life/ private life, and so on. Then she analyzes two examples that show how gender based rules can be deemed “virtuous” or “pernicious” according to different parameters of equality, and how the implementation of such rules can help or, on the contrary, prevent a fair division of family chores between man and women, such an important piece in the puzzle of conciliation (for men as well as for women). The first example is about the proposal, coming from some economists, for a gender based taxation of salary income. The second one, is about the lower age of retirement allowed by Italian pension schemes for working women; in exploring that issue, the Author takes into account the recent (2008, November 18) Judgement of the European Court of Justice in Case C-46/07 as well as the different paths the Italian Government could or should take as a reaction to the deemed infringement to EC law
Didattica Cenerentola?
No full textThe paper deals with the little attention paid by labour law scholars to the issue of University teaching. The author tries to explain the main reasons (e.g. the transformation of labour law scholarship's profession and composition, the social contest, recent Governmental policies on research and teaching evaluation) which, instead, would recall the labour law professors to increase their effort in order to improve instruments as well as results of their teaching, while still holding the freedom of research and teaching guaranteed by art. 33 of the Italian Constitutio
Poteri del datore di lavoro e obblighi del lavoratore - Capitolo V
No full textEmployer’s powers and employee’s obligations
The essay carries out a thorough review of the state of art of the balancing between employer’s powers an employee’s obligations, taking into account the role of the Law (particularly, the Italian Civil Code) and the room for the employees’ fundamental rights grant by the Italian Constitution (as well as by the Act enforcing it) to workers.
Moving from the analysis of the disputed grounds of the disciplinary employer’s power toward dependent workers, the Author looks at the core powers of the entrepreneur as an employer (directive, control, disciplinary powers), on one side, and at the specific employees’ obligations (obedience, diligence, faithfulness) on the other one. On the background, lies the principle of equality, implemented through the antidiscrimination law, as a general limit for the exertion of employer’s powers
The Impact of Employment during School on College Student Academic Performance
No full textThis paper estimates the effect of paid employment on grades of full-time, four-year students from four nationally representative cross sections of the Harvard College Alcohol Study administered during 1993-2001. The relationship could be causal in either direction and is likely contaminated by unobserved heterogeneity. Two-stage GMM regressions instrument for work hours using paternal schooling and being raised Jewish, which are hypothesized to reflect parental preferences towards education manifested in additional student financial support but not influence achievement conditional on maternal schooling, college and class. Extensive empirical testing supports the identifying assumptions of instrument strength and orthogonality. GMM results show that an additional weekly work hour reduces current year GPA by about 0.011 points, roughly five times more than the OLS coefficient but somewhat less than recent estimates. Effects are stable across specifications, time, gender, class and age, but vary by health status, maternal schooling, religious background and especially race/ethnicity.
Fraternity Membership & Frequent Drinking
No full textReinforcing earlier findings from other data, college senior fraternity/sorority members are more likely to consume alcohol frequently. Large reductions in estimates upon controlling for time spent partying, and to a lesser extent cigarette use and intramural sports involvement, suggest considerable unobserved heterogeneity in the relationship. Yet, effects remain substantive and are invariant to conditioning on numerous further measures of socializing, sports participation, academic performance and mental health. The conclusion holds when non-member comparison groups are restricted to drinkers who smoke, party and/or play intramurals, or matched to members based on drinking propensities, suggesting that fraternity/sorority membership raises alcohol use frequency.
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