|Tipo di tesi||Tesi di dottorato di ricerca|
|Titolo||WELFARE, POLITICHE DEL LAVORO E BILATERALITÀ: PROVE DI UN NUOVO APPROCCIO AL DIRITTO DEL LAVORO|
|Titolo in inglese||Welfare, labour market policies and bilateral organizations: Attempts of a new approach to labour law|
|Settore scientifico disciplinare||IUS/07 - DIRITTO DEL LAVORO|
|Corso di studi||Scuola internazionale di D.R. in RELAZIONI DI LAVORO|
|Data inizio appello||2017-05-05|
|Disponibilità||Accessibile via web (tutti i file della tesi sono accessibili)|
L’articolo 1 della Costituzione pone il lavoro a fondamento della Repubblica. Poiché al lavoro il legislatore ricollega conseguenze economiche e politiche, è rilevante coglierne la loro portata. In tale contesto risulta di cruciale importanza analizzare e valutare le politiche del lavoro, tra le quali si situano i c.d. “ammortizzatori sociali”, ricostruendo il tipo di tutela che al “lavoro” viene accordata a esito delle riforme susseguitesi negli ultimi quattro anni.
Art. 1 of the Constitution declares the Republic to be funded on labour. Economic and political consequences are connected to labour by the legislator, and it is relevant to understand their exact scope. In this context it is of particular importance to analyse and evaluate labour policies, among which are the “social security cushions”, retracing what kind of protection is connected to labour after all the reforms that have been undertaken in the last four years. More specifically, this research aims at analysing how the legislator and representatives of employers and employees have concretized the constitutional precepts, focusing in particular on social security measures as they have been modified by recent statues. Among those the Fornero reform, which has been drafted under break-even budget constraints and which delegates important social security functions to collective bargaining, has proposed a welfare managing model that delegates competences to the representatives of workers and employers though Solidarity Funds. The present research has this model as focal point, with particular reference to the so-called “alternative” model as developed in the craftsmanshift sector. The craftsmanshift’s bilateral model is the starting point of the research, underlying in particular how the revision of the system of social cushioning towards their bilateral managing extends the income protection to employed workers that were excluded in the previous (universalist) model. The Act n. 92/2012 and the Jobs Act advanced an organic reform of the labour welfare system after 20 years of emergency measures realized “while waiting for the organic reform”, even though for three times the Parliament had delegated the Government to realize such a reform. With reference to these reforms the scholarly literature has denounced the inconsistencies between the universalistic declamations and the concrete measures, as they do not connect social security directly to citizenship and to the dignity of the person in society as it is foreseen at European level. The Italian system is still strongly characterized by passive measures, even though the European tendency is more oriented towards a system of pro-active measures, in other words the shift from welfare to workfare (welfare to work). This essays concludes with a reflection on the welfare system, on the idea itself of social cushioning measures and on the use that has been made of them by the legislator. In this way, given that the last years’ reforms aimed at introducing passive and active measures universal in scope, and also at European level the direction is towards a more inclusive welfare system, then our Italian system could aim at universalization through a synergy of State and bilateral organizations. This exposition tries to answer to the question if it is appropriate to rely only on a more or less organic reform of social security measures, understood as “cushions” to alleviate negative happenings in working careers, or if it wouldn’t be more suitable to attempt a different approach which would recognize to labour its fundamental value as assigned by the Constitution: not only as instrument to satisfy needs, but also as expression of human personality and explication of the freedom to pursue one’s life project.