Porcu, Valentina (2017) I Modelli organizzativi e gestionali nella prospettiva del giuslavorista: verso una cultura di condivisione del sistema organizzativo. Doctoral Thesis.
The model of organization and management of the work safety, covered by the D.Lgs. n. 231/2001, represents the first legislative procedurilazation of the leading position. Its enforcement, becomes a primary protective resource, enough to award its effective application with the exemption from the managemental responsability covered by the D. Lgs n.231/2001. This research, through a multidisciplinary approach, wants to prove that the organization of the safety can represent the unitarian foundation on the development of the whole system of a business. Starting from that point, is then possible to assign a jurisdictional collocation in the typed forms of the powers and duties between the parts of the agreement, allowing to find, in respect of the principles and the criminal law, the centers of individual and collective responsability; all following the path drew by the T.U. legislator, which, decoding the principle of effectiveness, broke the mold of the prebuilt statutory rules, saving room to factuality. In an historical moment charachterised by a new focus of the business, which questions the actuality of the Labor Law, the organizative tool inspired by the requirement of care, whose ratio origins in the frailty of the freedom and dignity right of every human being compared to the market’s interests, can definitely candidate itself to be an elective ground where is possible to build a profitable cooperation between position historically in antithesis.
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