La repressione della condotta antisindacale fra spiazzamenti, potenzialità inespresse ed esigenze di manutenzione

The author analyses limits and unveiled the potentials of Article 28 of the Statute of workers in the light of the new labour and technological organizations. He focuses on the capacity to sue the national trade unions’ organizations and highlights new constitutional issues. Conversely, he verifies what kind of actors, other than the employers, trade unions can lawfully sue. Therefore, the paper deepens the cases of unfair labour practises in the field of the negotiation’s behaviours, to establish whether the Italian trade unions could be making more use of such a trial instrument. Eventually, the author analyses difficulties and opportunities in extending such a special instrument in favour of non-dependant workers against unfair labour practise affecting their collective freedoms and rights. The author concludes that Article 28 can still play an important role to guarantee fair play in the industrial relations but that the legislator should address circumscribed amendments on it.

The author analyses limits and unveiled the potentials of Article 28 of the Statute of workers in the light of the new labour and technological organizations. He focuses on the capacity to sue the national trade unions’ organizations and highlights new constitutional issues. Conversely, he verifies what kind of actors, other than the employers, trade unions can lawfully sue. Therefore, the paper deepens the cases of unfair labour practises in the field of the negotiation’s behaviours, to establish whether the Italian trade unions could be making more use of such a trial instrument. Eventually, the author analyses difficulties and opportunities in extending such a special instrument in favour of non-dependant workers against unfair labour practise affecting their collective freedoms and rights. The author concludes that Article 28 can still play an important role to guarantee fair play in industrial relations but that the legislator should address circumscribed amendments on it.