Effettività del diritto alla retribuzione e attività di vigilanza

The essay tries to show how the effectiveness of the right to remuneration is ensured in the Italian legal system with measures and instruments aimed at strengthening the individual right of the worker. In this regard, the guarantees concern the right to remuneration even in the event of invalidity of the employment contract or in case of work in fact; the enhanced protection of salary credit; the determination of the minimum due to the worker, through the immediate application of the art. 36 of the Constitution. In terms of protection under public law, administrative offenses relating to remuneration are very limited. The low effectiveness of the public sanctioning must not lead to believe that the protection of the right to the remuneration of the individual worker is a purpose extraneous to the tasks of the inspection bodies. The “diffida accertativa” of the working credits and the “conciliazione monocratica” allow in fact to extend the inspection action beyond the ascertainment of the administrative offense including the protection of the credit rights of the worker who find source in collective bargaining, and eventually also in the individual contract.