Poteri del datore di lavoro e obblighi del lavoratore - Capitolo V

Employer’s powers and employee’s obligations The essay carries out a thorough review of the state of art of the balancing between employer’s powers an employee’s obligations, taking into account the role of the Law (particularly, the Italian Civil Code) and the room for the employees’ fundamental rights grant by the Italian Constitution (as well as by the Act enforcing it) to workers. Moving from the analysis of the disputed grounds of the disciplinary employer’s power toward dependent workers, the Author looks at the core powers of the entrepreneur as an employer (directive, control, disciplinary powers), on one side, and at the specific employees’ obligations (obedience, diligence, faithfulness) on the other one. On the background, lies the principle of equality, implemented through the antidiscrimination law, as a general limit for the exertion of employer’s powers.