This article examines the legislative measures and collective bargaining provisions responding to the need for employee well-being and protection from social risks, that are increasingly important in Italy as part of a broader trend in the comparative scenario. After considering the concept of ‘occupational’ or ‘company-level welfare’ to encompass such provisions and practices within a single analytical framework, the focus shifts to the legal issues arising from the configuration of the interests involved and the balance between them. It is argued that a specific regulatory approach should be used to address such problems, and that reflexive labour law theory could provide an appropriate framework in this regard. Finally, some points for further consideration are proposed in relation to the linkages between the solutions put forward on this particular issue and the theoretical debates on the foundations of labour law.
International Journal of Comparative Labour Law and Industrial Relations