The administrative assessment of work credits in Italy:an effective and forgotten instrument to fight against undeclared work

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This paper aims to address the issue of effective protection of workers employed both in black and irregular work. This is an area in which the traditional tools of evidence in civil lawsuit are insufficient and ineffective, with reference to the evidence of the existence of an undeclared employment, although enhanced in the work's lawsuit where the Court can order proofs itself both typical and atypical itself (art. 421 C.P.C.). The labour reforms of the last two years (20102012) have profoundly reduced the efficiency of the labour lawsuit, already weakened from the ineffectiveness of the Italian judicial system.Particular attention arouses the introduction by law of the right of priority in dealing with cases of dismissal of all others, without a simultaneous strengthening structures and without any funding. This will inevitably slow down all other trials, including in particular those against the exploitation in the undeclared work, both of citizens and migrant (regular and irregular).In this context, it therefore seems useful to consider alternatives to the judicial procedures and among them in particular the “diffida accertativa” for pecuniary credit accounts (Law no. 124 of 2004) which provides to the inspection service of labour the power to be in favour of the worker, an enforcement against the employer. The novelty, however, was suffocated by the criticism of a part of the first commentators, quite concerned about the protection of employer and rather then employee.This paper proposes a reconstruction of the diffida accertativa in the light of the constitutional protection of Italian work, of the EU fundamental rights of workers, of the ILO decent work which, without sacrificing legal certainty and the right to defence of the employer, it can find an effective tool to ensure a minimum of effective social protection to undeclared workers and to make a exportable model.
Lingua originaleItalian
Numero di pagine0
Stato di pubblicazionePublished - 2015

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