Rischio e sicurezza nel rapporto di lavoro

The proposal advanced in this paper is that the debate around flexicurity should be redressed to the couple risk-security, instead of flexibility-security, rethinking the functions of labour law and fundamental rights, as mechanisms to protect workers against the risks produced by the functioning of the market. Traditionally, labour law securities have been built around the protection of a unique category of worker from social risks: the risk of unemployment, the risk of loosing the professional skills, the risk of salary reduction and so on. The further step should be to identify new social risks and to measure the risks which affect the different categories of workers, in order to avoid new forms of inequalities, keeping in mind a fundamental distributive question: who should bear the risk of the crisis, employers, workers, the State, and which combination could be defined?