[Autom. eng. transl.] The regulation of the employment relationships of employees of "public" companies represents a border area between public and private labor law, which on the whole still appears to be little treated in the doctrine, despite the economic importance of the companies involved, as well as the undoubted centrality, in the legal system and in the social reality, the services that these companies provide to citizens. The monograph first reconstructs the evolution of legislation in a historical-systematic key, starting from the discipline applied, during the twentieth century, to the system of "municipalized" companies, also analyzing the important role played by collective autonomy. Since the nineties, the privatization of these companies has led to the establishment of commercial companies, in most cases controlled by local authorities and regulated on several occasions by the legislator, until the issue of a Consolidated Act no. 175/2016 (Tusp) which also dictates some important principles for the regulation of the employment relationship of employees. The work, reconstructed the innovations introduced in the last decade, is dedicated to the analysis of the main theoretical junctions left unresolved by TUSP, from the selections for hiring staff - which apply, albeit indirectly, to art. 97 of the Constitution. - to the institution of the re-internalization in the ranks of public administrations of personnel assigned to services that were first outsourced, to be assessed in the light of art. 2112 c.c. as well as the rules provided for by the uni-European system. The basic thesis is that the element of greatest novelty connected with Legislative Decree no. 175/2016 consists not so much in the ancient private option, which remains confirmed by art. 19 Tusp, but in the publicity derogations from this regime which, although not numerous, still manage to bind in depth the organizational and entrepreneurial action of the companies themselves.
|Translated title of the contribution||[Autom. eng. transl.] Labor law and public companies. Between business and administration|
|Number of pages||336|
|Publication status||Published - 2020|
- Diritto del lavoro
- Societa pubbliche