This article analyzes the complex regulation of employment relationships within Italian Independent Administrative Authorities (AAI), which is marked by significant specificity and fragmentation. AAIs possess organizational autonomy and regulatory power, enabling them to define the economic and legal status of their personnel. This partially excludes them from the application of the Consolidated Law on Public Employment (Legislative Decree 165/2001) and the “contractualization” of public sector work. However, this exclusion is neither total nor uniform across all Authorities. The legal framework varies for individual or categories of AAIs, creating unique “singular” legal regimes. Nevertheless, common regulations apply to all or groups of AAIs, such as those concerning competitive recruitment procedures, whistleblowing, and transparency. Trade union relations and collective bargaining are also managed autonomously. Jurisdiction over labor disputes is generally assigned to the administrative judge, except for anti-union conduct, which falls under the ordinary court’s competence. The author highlights the need for greater regulatory uniformity to overcome the current fragmentation
La disciplina dei rapporti di lavoro nelle autorità indipendenti
Maurizio Falsone
2025-01-01
Abstract
This article analyzes the complex regulation of employment relationships within Italian Independent Administrative Authorities (AAI), which is marked by significant specificity and fragmentation. AAIs possess organizational autonomy and regulatory power, enabling them to define the economic and legal status of their personnel. This partially excludes them from the application of the Consolidated Law on Public Employment (Legislative Decree 165/2001) and the “contractualization” of public sector work. However, this exclusion is neither total nor uniform across all Authorities. The legal framework varies for individual or categories of AAIs, creating unique “singular” legal regimes. Nevertheless, common regulations apply to all or groups of AAIs, such as those concerning competitive recruitment procedures, whistleblowing, and transparency. Trade union relations and collective bargaining are also managed autonomously. Jurisdiction over labor disputes is generally assigned to the administrative judge, except for anti-union conduct, which falls under the ordinary court’s competence. The author highlights the need for greater regulatory uniformity to overcome the current fragmentation| File | Dimensione | Formato | |
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