Le rinunzie e le transazioni: l’indisponibilità dei diritti del lavoratore secondo l’art. 2113 c.c.
Dessi', Ombretta
2023-01-01
Abstract
The contribution, concerning one of the classics of labor law, deals with the controversial issue of the unavailability of the worker's rights pursuant to and by effect of art. 2113 of the civil code. The starting point of the reflection is constituted by the examination of the notion of unavailability in the Italian labor law system, which follows the examination of the binomial "unavailability of the worker's personality rights and unavailability referred to in Article 2113 of the Civil Code" and of that, equally significant, "mandatory rules and unavailable rights". The heart of the research, on the other hand, is identified with the most discussed issues in doctrine and jurisprudence, namely the identification of the unavailable rights of the worker's rights according to art. 2113 of the Civil Code, the notions of irrenunciability and intransigibility, the inclusion or not, in the field of application of art. 2113 of the Civil Code, of waivers for conclusive facts, waivers of future rights and receipts of balance or releases, the concept of invalidity of waivers and transactions, assisted individual (in)availability and, finally, the attribution of the reasons for unavailability according to art. 2113 of the Civil Code to the protection of the worker and legal certainty.File | Size | Format | |
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