La clausola di pace: variazioni sul tema = The peace clause: variations on the theme. WP C.S.D.L.E. “Massimo D’Antona”.IT – 247/2015

This paper focuses on no-strike clauses and their effect on individual employment relationship. The idea at the basis of this essay is that no-strike clauses can produce effect on individual employment relationship, regulating the right to strike not only for collective actors, but also for individual workers. Indeed, through the regulation of the right to strike, no-strike clauses are an instrument that trade unions can use in collective bargaining, as part of their competence. Therefore, the effect of no-strike clauses on individual employment relationship does not conflict with the individual entitlement of the right to strike. On the contrary, the possibility of regulating the right to strike through collective bargaining enhances freedom of association and collective bargaining in the perspective of a constitutional balance between fundamental principle. The impact of the introduction of the majority rule by collective bargaining is also examined