Resumen de Il lavoro negli enti religiosi: specialità della disciplina e individuazione dei confini con il lavoro nell’impresa tradizionale e nell’impresa sociale
The paper focuses on the employment law in religious organisations, which is considered in the light of the changes involving, on the one hand, the traditional relationship between special and general legislation and, on the other, the social dimension of the enterprise. This discipline is solid and persuasive when the provision of work is easily traceable to the religious purpose of the employer or benefits his typical activities, but it leaves some room for ambiguity when involving the discipline concerning the performance of the so-called extra-ecclesiastical activities and, in particular, the entrepreneurial ones, including those of social enterprises. In the author’s opinion, the uncertainties and ambiguities in this regard are due to the regulatory rigidity of the special civil recognition of religiosity, or rather in its current reliance on a pre-definition of material boundaries (religious-cult activities/different activities) which, however, finds less and less confirmation in the reality of the socio-economic context. Hence the need for a different juridical approach to the issue of the legal subjectivity that is able to support the legitimate aspiration of religious bodies to play an active role in affirming the social nature of every form of economically relevant initiative.
