In November 2017, the 28 Heads of State and Prime Minister of the EU countries met in Göteborg Sweden to discuss "Social Europe", and one of the key issues was minimum wage set by law in every country of the Union. The aim of legal minimum wage in the Community is to counter the competitiveness of individual countries, pursued through social dumping. Italy is one of the few European countries that does not have this instrument and the legislator has repeatedly tried to make up for the issue of, the failure to implement art. 39, paragraphs 2, 3 and 4 of the Constitution and, therefore, of the lack of connection with art. 36 of the Constitution. In fact, over time, a series of legislative interventions with different contents have followed, each aimed at indirectly reinforcing the ultra partes effect of collective labor agreements, even if it was jurisprudence, to provide the solution to the issue of guaranteeing workers minimum wage through the interpretation of art. 36 of the Constitution. The Jobs Act had projected the introduction of legal minimum wage, but in the end, the disposition was removed from the approved text.

Hypothesis of Minimum Wage by Law of Italy

Gandolfo Maurizio Ballistreri
2018-01-01

Abstract

In November 2017, the 28 Heads of State and Prime Minister of the EU countries met in Göteborg Sweden to discuss "Social Europe", and one of the key issues was minimum wage set by law in every country of the Union. The aim of legal minimum wage in the Community is to counter the competitiveness of individual countries, pursued through social dumping. Italy is one of the few European countries that does not have this instrument and the legislator has repeatedly tried to make up for the issue of, the failure to implement art. 39, paragraphs 2, 3 and 4 of the Constitution and, therefore, of the lack of connection with art. 36 of the Constitution. In fact, over time, a series of legislative interventions with different contents have followed, each aimed at indirectly reinforcing the ultra partes effect of collective labor agreements, even if it was jurisprudence, to provide the solution to the issue of guaranteeing workers minimum wage through the interpretation of art. 36 of the Constitution. The Jobs Act had projected the introduction of legal minimum wage, but in the end, the disposition was removed from the approved text.
2018
978-88-255-2084-2
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11570/3185887
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