In search of wage authority in the Italian legal system
Journal title GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI
Author/s Massimo Pallini
Publishing Year 2024 Issue 2024/181-182
Language Italian Pages 27 P. 165-191 File size 775 KB
DOI 10.3280/GDL2024-181009
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The Author exami- nes the recent orientation of the Supreme Court of Cassation that even the minimum wage established by the collective bargaining agreement of the category signed by the most repre- sentative trade unions is subject to judicial review of compliance with the criteria of suffi- ciency and proportionality set forth in Article 36 of the Constitution and, where non-com- pliant, replaced with the wage established by the collective bargaining agreement of the “most similar” category. The Author argues that this jurisprudential orientation is appropriate to ensure the guarantee of “sufficiency” of pay as an absolute value independent of the mar- ket, but not also “proportionality”, which is necessarily a variable dependent on the market and the power relations between the social partners. The latter would be de facto commis- saried by the courts if the latter were empowered to fully replace the wage provisions of a collective agreement with those negotiated for a different contractual category. According to the Author, not only the judge but also the law can stand as a wage authority only to deter- mine the sufficient wage, but not the proportionate wage that is necessarily determined by the social partners albeit above the sufficiency threshold. It is therefore desirable to stren- gthen the role of the latter by also adopting for determining the minimum wage guaranteed by the Constitution the method applied to determine the minimum wage for social security contributions in relation to the wage established by the “most applied” contract within pro- duct categories drawn by law in correspondence to the classification codes of enterprises for statistical and contribution purposes.
Keywords: Minimum wage; Sufficiency; Proportionality; Judge; Law; Social partners; Category.
- La misurazione delle soglie di adeguatezza del salario minimo nell'ordinamento multilivello Luca Ratti, in GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI 185/2025 pp.57
DOI: 10.3280/GDL2025-185005
Massimo Pallini, Alla ricerca dell’autorità salariale nell’ordinamento italiano in "GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI " 181-182/2024, pp 165-191, DOI: 10.3280/GDL2024-181009