Tecnica rimediale e art. 28 dello statuto dei lavoratori

The author examines the article 28 st. lav in a remedial perspective, focusing on its substantial aspects. The paper shows how the remedial technique used by lawmaker allows, through a strictly literal interpretation, to repress employer’s unfair behaviors that would otherwise be lawful. Furthermore, the author analyzes the weakening, de facto, of the art. 28 st. lav. In the contest of a general decline of the right’s effectiveness in labour law. In conclusions, the author claims that the essential function of the art. 28 st. lav. could not be fulfilled by others trial tolls and he suggests feasible ways to revitalize it.