Sull'obbligo datoriale di formazione-adattamento nelle transizioni ecologica e digitale. Spunti dagli ordinamenti francese e spagnolo

Auriemma, Simone

2025-01-01

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Abstract

The essay addresses the issue of training within the employment relationship and its central role in the context of the so-called double transition. Comparing the Italian system with those of France and Spain examines explicitly whether the Italian legal framework provides sufficient grounds to support the existence of a training and adaptation obligation, similar to what is provided for in the systems under comparison. The difficulty of bridging the legislative gap through interpretation prevents the recognition of a general employer obligation to provide training, instrumental to protecting the worker’s professional skills, including from a long-term perspective. However, it is entirely plausible to argue for the existence of an employer’s obligation to provide training that is strictly functional to adapting the worker to organizational or production changes: an atypical obligation closely connected to the obligation of redeployment, with clearly identifiable boundaries thanks to the filtering role of the principles of fairness and good faith and the substantive value attributed to them by the principle of solidarity.