La tela di Penelope e i suoi tessitori

• Autores: Federico Martelloni
• Localización: Lavoro e diritto, ISSN 1120-947X, Vol. 37, Nº. 4, 2023 (Ejemplar dedicado a: Per Umberto Romagnoli. Fra ricordo e dialogo), págs. 817-834
• Idioma: italiano
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• Resumen

  • The article underscores the contemporary relevance of Umberto Romagnoli’s reflections on labour law as a construct that is «more doctrinal than legislative and more jurisprudential than doctrinal», characterized by a constant evolutionary process referred to as “micro-discontinuityµ. This idea seems to be confirmed by the latest developments within Italian jurisprudence, both in the context of labour relationships mediated by digital platforms and in the matter of fair compensation under Article 36 Constitution. The litigation involving gig workers serves as a useful testing ground to assess the scope and effects of certain legislative innovations (notably those set out in Article 2, paragraph 1, Legislative Decree no. 81/2015, as amended by Act no. 128/2019, and Article 1, paragraphs 233 and following, Act no. 234/2021). Furthermore, the recent jurisprudential stance of the Corte di Cassazione on the topic of proportional and sufficient compensation may potentially spur legislative action on the issue of a legal minimum wage, provided that the institutional resistance that still exists in Parliament and the Cnel can be overcome.