Trade Union Representation in the Workplace: The Relevance of an Old Story

Abstract

This contribution marks a significant anniversary for the Labour & Law Issues journal: its tenth birthday. A pioneer in the study of the relationship between labour law and technological change, the journal has led the way for much research in the field of “digital labour”. Notably, compared to the total number of essays published, those relating to trade union law are few. Trade union representation of workers employed in various forms of digital work faces many challenges, and trade union activity, including bargaining and conflict management, struggles to gain ground. As in work in general, the individual dimension of the relationship prevails in the field of 'digital work', leading to a decline in the value of equality and an increase in inequalities. After emphasising the importance of the collective dimension of work and the vital role of trade union representation, the author addresses the issues raised by the resurgence of a long-neglected provision: article 19 of the Labour Code, which is reviewed in the essay, also examining the persistent ambiguities and difficulties of application. A central part of the analysis is devoted to constitutional jurisprudence, which, over time, has engaged in challenging interpretative processes in an attempt to ensure that the provision remains within the bounds of constitutional legitimacy. The essay also focuses on a recent development in which the Constitutional Court relaxed the rigid link between trade union representation and collective bargaining within the production unit. Starting from the case that gave rise to the ruling and the questions raised by the referring court, the essay examines ruling no. 156/2025, reconstructing its line of argument and systemic implications. Ultimately, the essay raises doubts about the system's overall consistency, inviting broader reflection on the future of representation in the workplace.