Respecting the fundamental rights that the Constitution itself guarantees
Posted: Thu Jan 23, 2025 4:51 am
The idea was to set up funds to assist employees. But it did not spread: in 1889, 120 organizations were registered as having adopted it; by 1924, this number had fallen to 75. And the examples that are mentioned today are sparse, with mention being made of the adoption in some of the large department stores in Paris.
The law may offer the worker the option of either receiving profits in cash during the fiscal year or receiving shares. If the distribution of shares is more advisable from an economic point of view, the worker's preference italy bulk sms packages for this form of participation in profits should be encouraged, by guaranteeing him, for example, certain additional benefits or advantages in relation to receiving his share in cash. And, in regulating the matter, the ordinary legislator has freedom on this point, as long as he does not require the receipt of the share of the benefit in shares. The Constitution guarantees the worker direct participation in profits; it is not legitimate to transform this participation into a forced participation in capital. The option must be free, but it can be encouraged by law in favor of the form of participation through shares.
Characterization of profits
Another point of greater relevance is the definition or characterization of profits. The Constitution refers to profit sharing but does not characterize or define what profits are for the purposes of granting the benefit provided for. And since profit sharing is granted “under the terms and in the manner determined by law”, as stated in article 157, IV, of the Basic Law, the ordinary legislator has broad freedom on this point, which cannot, of course, go to the extreme of denying, destroying or frustrating the constitutional provision. However, within the limits that it cannot and should not exceed, the complementary law of the provision of the Constitution can correct or avoid the inconveniences or risks that are feared from its application.
The law may offer the worker the option of either receiving profits in cash during the fiscal year or receiving shares. If the distribution of shares is more advisable from an economic point of view, the worker's preference italy bulk sms packages for this form of participation in profits should be encouraged, by guaranteeing him, for example, certain additional benefits or advantages in relation to receiving his share in cash. And, in regulating the matter, the ordinary legislator has freedom on this point, as long as he does not require the receipt of the share of the benefit in shares. The Constitution guarantees the worker direct participation in profits; it is not legitimate to transform this participation into a forced participation in capital. The option must be free, but it can be encouraged by law in favor of the form of participation through shares.
Characterization of profits
Another point of greater relevance is the definition or characterization of profits. The Constitution refers to profit sharing but does not characterize or define what profits are for the purposes of granting the benefit provided for. And since profit sharing is granted “under the terms and in the manner determined by law”, as stated in article 157, IV, of the Basic Law, the ordinary legislator has broad freedom on this point, which cannot, of course, go to the extreme of denying, destroying or frustrating the constitutional provision. However, within the limits that it cannot and should not exceed, the complementary law of the provision of the Constitution can correct or avoid the inconveniences or risks that are feared from its application.