Sulla funzione e l’impiego dell’art. 28 dello Statuto dei lavoratori

• Autores: Andrea Lassandari
• Localización: Lavoro e diritto, ISSN 1120-947X, Vol. 38, Nº. 2, 2024 (Ejemplar dedicado a: L’azione sindacale nel processo), págs. 207-230
• Idioma: italiano
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• Resumen

  • The essay examines the important role played by the article 28, mainly in two ways. First, the norm of the Workers’ Statute has encouraged the trade unions to take legal actions against the employers. Second, by allowing the trade unions to collectively sue the employers, the article 28 has contributed to enriching the list of individual and collective workers’ rights. Furthermore, the essay deals with two issues that, in recent years, have been critically revised by labour law scholars: the entitlement of the interest protected by the law and the relationship between the article 28 and anti-discrimination law. Ultimately, it is important that trade unions continue taking legal action against employers, in case of anti-union behaviour, under article 28 of the Workers’ Statute, even as a form of collective action itself.