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Thesis defended by Maria Christina Degoli - under the joint supervision of Ms Therese Aubert-monpeyssen (IRDEIC) and M Giuseppe Pellacani
on the April 11, 2014
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Italy

Thesis "Labour law and welfare system : a new balance between solidarity and liabilities"

Maria Christina DEGOLI Thesis, PHD student under the joint supervision of Ms Therese Aubert-monpeyssen and M. Giuseppe Pellacani

Thesis defended :"Labour law and welfare system : a new balance between solidarity and liabilities"

Abstract :

The paper describes the result of several labour's market reforms that have been followed until now taking into account the actual economic environment. These reforms tried to lead Italy to the creation of a flexible and safe labour system, but generated results very different from the expectations. The advent of globalization and the modernization of the production has broken the equilibrium achieved between Ford’s organizational and production model and the aspiration to a unique and protected workplace demanded by the Society. To define a legal instrument able to conciliate flexibility and safety in the context of labour law, the paper analyses the «Supiot Report» that has been produced to replay to the questions contained in the European Union's Green Paper «Partnership for a new organisation of work». The description of the social drawing rights, the development of the individual occupational status and the concept of their «portability» shows an innovative approach to labour law and their application can also be consider in the context of Italian's labour law. In this context, you can imagine to widen the definition of work to encompass in it the exercise of any activity carried out manually or intellectually as entrepreneur or as employee and from which descends a direct economic value for the investor, that then becomes derived value for the entire Society. This definition of work can be referred to a much more diverse landscape of business and can extend the scope of social rights that will then be able to cover everyone is performing an activity. This interpretation of the concept of work would be able to recognize any active working period of the individuals, aligning their needs to imagine their professional life as a continuous journey and the temporary loss or change in their working activity. This concept will ultimately result in a completely new model of welfare. In fact, every job performance can be accumulated in one account, crediting the rights linked with the working activity undertaken and have the ability to be carried them within the vocational route, avoiding fragmentation and uncertainties. Hence we can develop a concrete application of the concept of “portability” of the social drawing rights resulting into a new welfare model able to coordinate the relay race taking place between the employee and the measures to support employment implemented by the Government. This new welfare system can result to be extremely beneficial in a historical moment in which the segmentation of labor prevails on the certainty of a permanent job. In order to develop actionable reforms, the center of the intervention must be the individual, his attitudes and his aspirations. The employee must demonstrate a responsible behavior, to enjoy the solidarity allowed by the system and exercise the freedom which he owns, without suffering the effects of the freedom associated to the employer. It's time to build a new balance between the needs of freedom associated with who takes the risks associated with the entrepreneurial activity and with who actually performs the work.
 
                     
  Left Professeur Thérèse Aubert
Marc Blanquet in red
Left : Professeur Pellacani (Modène University) Marc Blanquet IRDEIC

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