L'indisponibilità dei diritti del lavoratore secondo l'art. 2113 c.c.

Dessì, Ombretta

2011-01-01

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Abstract

"Whenever a man transfers a right of his, or renounces it, he does so either in consideration of some other right, which is reciprocally transferred to him, or of some other benefit which he hopes for, because it is a voluntary act, and of every man's voluntary acts the object is some good to himself. Therefore there are some rights, which no one can conceive to be renounced or transferred..." (Thomas Hobbes, The Leviathan, printed for Andrew Crooke, London, 1651 , Part I, Chapter 14). The unavailability of worker rights provided for by art. 2113 of the Civil Code, a classic theme of labor law, is analyzed from the point of view of systematic reconstruction. The discussion offers a very up-to-date analysis of the case in the context of the protection system offered by labor law. Characterized by a strong basic theoretical approach, the study combines the global reconstruction of the institutions, taken into consideration in their structural and functional identity, with the examination of emerging issues in the face of the most recent doctrine and jurisprudence, cutting across the entire law of work and proposing immediate application solutions.