State’s absence: is it a draw for labour law?

The first impact of the mandatory rule is the contractual autonomy of the parties that is limited with respect to the civil and general rule of contracts, which states that “the parties can freely determine the content within the limits imposed by law” (Article 1322, paragraph 1, of the Italian Civil Code). To allow the parties the freedom to fully determine the content of the contract presupposes that they are in a condition of contractual parity and therefore enjoy the same power as a device for the purpose of reaching agreement on the content of the contract.