Trade-union pluralism and the criterion of comparatively greater representativeness: interactions between doctrine, constitutional and labor jurisprudence and their impact on contractual dynamics
Scientific-Disciplinary Group
12/GIUR-04 - Labour Law
Description
The criterion of comparatively greater trade-union representativeness-increasingly relied upon though not clearly defined by the legislature for the selection of collective agreements-has been elevated following Constitutional Court judgment 156/25 into an alternative and "interim" mechanism for identifying the trade unions entitled to establish workplace representation bodies(RSA/RSU).Since D.L. 62/26 it has further become the mechanism for selecting the benchmark collective agreement governing the determination of wages-a traditional cornerstone of the regulatory function of sectoral collective bargaining.The research aims to identify and assess the implications and critical aspects of this selective criterion which today plays a pivotal role in collective bargaining dynamics and inter-union competition.The methodology is geared toward critically reconstructing the main legal-reasoning trajectories developed in scholarship and case law including that of the Constitutional Court
Working time
Other
Number of positions
1
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