La persona del prestatore nel rapporto di lavoro
Synopsis
The role of the lender's person in the employment relationship is the third monograph, published in 1967, by Carlo Smuraglia. This work continues and develops the themes of his earlier work The Constitution and the System of Labor Law (Volume II of this series), drawing on constitutional principles to advance significant arguments. These arguments redefine, in contrast to the prevailing theories of the time, the consequences of involving the person in the execution of the employment relationship.
"There is no work without the men who work," writes Carlo Smuraglia. This fundamental assertion serves to reject the conceptions of the employment relationship then widely held, which were based on notions of supremacy or a personal bond between the parties. The involvement of the person in the employment relationship, therefore, does not translate into personal subjugation to another's will or a complete and total submission of the worker's person. Subordination is purely technical and functional.
It is particularly in the realm of consequences— especially regarding the delimitation and qualification of the parties' obligations —that Smuraglia's contribution exhibits its most original aspects. The guarantees for protecting human personality, safeguarding physical integrity, and above all, preserving moral dignity and personality, freedom of thought, and protection against any invasion of one's personal sphere, here rise to the level of true legal values. They are given concrete substance and are enshrined in specific contractual obligations.
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