The changing landscape of collective bargaining in Italy: emerging challenges and innovative responses. Traditional tools for new organisational models?

Abstract

This essay analyses the transformation of collective bargaining in Italy within the context of Industry 4.0, highlighting both its limitations and its strengths. It therefore examines the uneven impact of digitalisation on the Italian business landscape, as there remain shortcomings in the adoption of advanced technology, digital skills and the development of innovative ecosystems, which have a direct impact on employment and the quality of work.

The study highlights the unique nature of the Italian model of labor relations, characterized by the lack of legislative development of article 39 of the Constitution, the lack of erga omnes effectiveness of collective agreements, the emergence of unofficial agreements and increasing decentralization of negotiations. In this regard, successive governments have contributed to undermining the legitimacy of tripartite consultation as a viable instrument of governance, with the result that the scope for action has shifted towards second-level collective bargaining, thereby avoiding potential adverse intervention by government bodies.

The report also examines the various responses of trade unions to digitalisation, which range from adapting traditional tools to seeking out new “innovative” and “experimental” forms of action, particularly in areas such as the platform economy, algorithmic control, smart working, teleworking and the organisation of working time.

Similarly, the paper examines phenomena such as on-demand work (lavoro a chiamata/zero-hour contracts), which reflects tensions between business flexibility and job insecurity, as well as new forms of collective conflict in digital environments, such as the netstrike, the virtual strike or the cyber protest.

Finally, the paper refers to the business reaction, particularly the use of technological strike-breaking, and warns of the danger that an outdated legal interpretation could undermine the right to strike.