Sintesi di Gianni PRINCIPE W.P. N. 36
Dimensional
thresholds and labour regulation in Italy
Among the factors commonly
addressed to explain the size structure of Italian firms, peculiarly
characterised by a high number of small units, the existence of dimensional
thresholds for many aspects of the Italian labour regulation has a key role.
The paper overviews all labour
rules, fixed by the Italian legislation or by main collective agreements, whose
scope of application depends on dimensional thresholds.
Items considered include: recruitment and hiring, union rights,
individual and collective dismissals, non standard labour contracts, working
hours and overtime, health and safety, education.
The emerging summary shows a
multiplicity of thresholds at different levels, which can vary in accordance to
matters, sources of regulation, and sectors. Among these, the 15 employees
threshold, although not exactly recognizable in statistical terms because of
the variety and mutability of calculation’s criteria, represents an important
line of demarcation between those firms where Union Rights are merely
protected, and those where the Labour Chart – positively promoting them – is
applied. This has relevant consequences for the strength of the juridical defence
against unjustified dismissals and the diffusion of collective bargaining at
the plant’s level.
While the effects of the
former from the employer viewpoint are clear, those concerning collective
agreements at the plant’s level cannot be evaluated in general terms as
negative or positive, as they depend on the balance between costs, made of
likely higher than average wage increases, and benefits, due to productivity
improvements enhanced by more flexible organisational arrangements.