L’INDEROGABILITÀ NEL DIRITTO CIVILE E NEL DIRITTO DEL LAVORO: UNA QUESTIONE DI METODO

[Ita:]Mandatory rules in civil and labor law: a method's matter Through a systematic comparison between the general law on contracts and the special regulation of employment relationships, the essay aims to identify the common characteristics of the mandatory rules in these two areas of the legal system and then to examine the differences and the reasons that justify the specialty of labor law. With respect to the first question, mandatory rule is recognized as a unitary dogmatic category due to the invalidity, which derives from it. In this sense, what all mandatory rules have in common is not the general or super-individual relevance of the protected interest, pre-existing legal regulation, but the way in which the law protects it, through remedies that are not within the power of disposal of either party. Beyond this, a significant difference between the mandatory rules of private law and labor law depends on a different quality of public intervention. In the first case, contractual justice is achieved through the intervention of the judge, who corrects ex post any imbalances that may result from abuses of contractual power. In the second case, the personal interests of the employee are protected by preventing the exercise of contractual autonomy beyond the limits established ex ante directly by law.