Il contratto aziendale in deroga = The company contract in derogation. WP C.S.D.L.E. “Massimo D’Antona”.IT – 254/2015

The essay analyses the worsening of the contractual conditions of national collective agreements by way of derogation by the enterprise collective agreement, dealing with two basical issues: 1) the new regulation of the relationship between different levels of collective bargaining, as designed by the collectives agreements signed on 28, June 2011 and 10, January 2014, and 2) the relationship between law and collective bargaining, which has turned to be very conflicting when the art. 8, d.l. n. 138/2011, conv. in l. n. 148/2011 increasingly enabled enterprise collective agreements derogatory with totally different rules. A. focus on this ever increasing complexity of the second relationship, now that the purpose of derogation to mandatory provisions of law, trading the lowering of the levels of protection of workers' rights with defense of employment rates, is directly provided by the legal dispositions of Jobs act (legge n. 78 del 2014, d. lgs. n. 23 del 2015), especially about fixed-term job contracts, unfair dismissals and contractual tasks’ variations, even if the A. excludes that a formal abrogation of the art. 8 by Jobs Act has occurred