La persona del prestatore nel rapporto di lavoro

Authors

carlo Smuraglia
Keywords: Carlo Smuraglia, Labor Law

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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Author Biography

carlo Smuraglia

was a partisan fighter and volunteer in the 'Cremona' Division (8th Allied Army), National President and later Emeritus of the ANPI (National Association of Italian Partisans) from 2011 to 2017, Professor of Labour Law at the University of Milan from 1986, lawyer, and member of the Superior Council of the Magistracy. He was a Senator of the Republic from 1992 to 2001, President of the Labour Commission, and a member of the Parliamentary Anti-Mafia Commission.

Published
November 4, 2024
Categories

Details about the available publication format: PDF

PDF
ISBN-13 (15)
979-12-5510-193-2

Details about the available publication format: EPUB

EPUB
ISBN-13 (15)
979-12-5510-194-9

Details about the available publication format: BUY

BUY
ISBN-13 (15)
979-12-5510-192-5