Social clauses: a clash between Italian and European legislation?
(2017) ISLSSL 4th Seminar on International Comparative Labour Law «Global Trade and Labour Rights» — Location: Cà Foscari University of Venice (IT) (19.June.2017)
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- Abstract
- The paper aims to contribute to the interpretative debate concerning Italian social clauses compatibility with European legislation in cross-border services provided by foreign firms. Since its foundation, Europe is trying to build a market in which both economic freedom and social protection policies for workers are in balance. The freedom to provide services includes a company’s right to provide services in another Member State or to award public contracts by or on behalf of Member States’ authorities. On the other hand, Directive nr. 2014/67/EU on the enforcement of Directive nr. 96/71/EC concerning the posting of workers in the framework of provision of services and Directive nr. 2014/24/EU on public procurement, would clearly define terms and conditions of employment to ensure a minimum protection for workers. To achieve this objective they state that, whatever law is applicable to the employment relationship, social clauses from collective agreements that have been declared universally applicable must be ensured in the Member State where the work is carried out. When implementing the above Directives, Italy preceded to adopt respectively Directive nr. 2014/67/UE on 17th July 2016, with Legislative Decree n. 136 and Directive nr. 2014/24/EU on 18th of April 2016 with the Legislative Decree n. 50. The current national legislative structure regarding “working and conditions of employment” seems to have exceeded the collective agreement’s definition provided by European legislation, because the Italian Decrees refer agreements that are not universally applied. A problem of interpretation looms on the horizon: is there a clash between national and European rules? A qualitative research methodology has been used to try to answer to this question.
- Affiliations
Università degli Studi di Modena e Reggio Emilia
Citations
Degoli, M.-C. (2017). Social clauses: a clash between Italian and European legislation? ISLSSL 4th Seminar on International Comparative Labour Law «Global Trade and Labour Rights», Cà Foscari University of Venice (IT). https://hdl.handle.net/2078.5/123762