Contratto collettivo e conflitto sindacale: le clausole di tregua e il diritto di sciopero

This phd thesis is about the relationship between the right to strike and collective bargaining in Italy. In the first part, it is analyzed the hypothesis of the existance of an implicit duty of peace in the industrial relations when a collective agreement is adopted. The author demonstrates the inexistance of this duty in the italian system and he shows how the last important agreements stipulated in Italy encourage a new view of the relationship between collective conflict and collective bargaining based on the unclear concept of “esigibility”. In the second part of the thesis, it is analyzed the juridical validity of the clauses of peace finalized to restrict the exercise of the constitutional right to strike. The author proves the invalidity of these clauses toward employees if the right to strike is directly limitated, and suggests to promote clauses that had indirect effects on this right.