CARLO PISANI
Full Professor of Labour Law, University of Rome Tor Vergata
in
Current Issues of Remuneration. Proceedings of the National Conference of Aidlass Forense, Bari, 21 November 2025
edited by Domenico Garofalo and Giampiero Proia
ADAPT University Press, 2026
SUMMARY. 1. Introduction. – 2. The Role of Case Law in the Determination of Remuneration. – 3. Recent Developments in Case Law. – 4. Wages, Pay Gaps and Labour Productivity. – 5. Conclusions.
ABSTRACT. The paper critically examines the recent case-law of the Court of Last Resort on minimum wages, which expands the judge’s power to assess the adequacy of remuneration in light of Art. 36 of the Constitution. The analysis highlights how this judicial intervention creates tension with the traditional role of collective bargaining as the primary benchmark for wage determination. From this perspective, it reconstructs the historical evolution of the relationship between collective autonomy and judicial intervention, also considering the supplementary role played by case-law in the absence of implementation of Art. 39 of the Constitution. Particular attention is devoted to the nature and effects of the 2023 rulings, questioning their potential spread and systemic impact. The essay underscores the risks associated with an excessive expansion of judicial discretion in wage determination, especially in terms of legal uncertainty and fragmentation. It also highlights the issue of coordination between the approach of the Court of Last Resort and the principles affirmed by the Constitutional Court regarding trade union freedom. Within this framework, the central role of collective agreements emerges as an expression of trade union autonomy and as a key instrument for wage regulation.