The article explores the recent changes the Italian legal system has been experiencing in the development of labor and employment arbitration, in order to understand whether this evolution strives for new forms of industrial self-government or more efficient dispute settlement instruments. The revival of arbitration as a means to settle workplace disputes diverges from the traditional Italian distrust for both labor and employment arbitration. This is why such an evolution has led to several critiques, focused – with respect to labor arbitration – on the risk of limiting the right to strike, and – with respect to employment arbitration – on short falls of arbitration for relationships characterized by inequality of bargaining powers. The comparative analysis frames this reform in the European context, which seems to encourage workplace ADR procedures.
In search of industrial self-regulation or efficient settlements of employment disputes? The case of Italian arbitration reform
CORAZZA, Luisa
2012-01-01
Abstract
The article explores the recent changes the Italian legal system has been experiencing in the development of labor and employment arbitration, in order to understand whether this evolution strives for new forms of industrial self-government or more efficient dispute settlement instruments. The revival of arbitration as a means to settle workplace disputes diverges from the traditional Italian distrust for both labor and employment arbitration. This is why such an evolution has led to several critiques, focused – with respect to labor arbitration – on the risk of limiting the right to strike, and – with respect to employment arbitration – on short falls of arbitration for relationships characterized by inequality of bargaining powers. The comparative analysis frames this reform in the European context, which seems to encourage workplace ADR procedures.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
