La legge n. 76/2025 sulla partecipazione dei lavoratori nelle imprese: un'occasione mancata per l'effettiva attuazione dell'art. 46 Cost.

This article analyzes Law No. 76/2025 on workers’ participation in enterprises, aimed at implementing Article 46 of the Italian Constitution nearly eighty years after its entry into force (§ 1). After outlining the constituent debate and the conceptual implications underlying the wording of Article 46 (§ 2), the article examines the national legal framework —largely shaped by supranational law — relevant to workers’ participation in enterprises (§ 3), also with a view to assessing the innovativeness of the law. The discussion then focuses on the provisions of the law (§ 4), with regard to its objects and scopes (§ 4.1), the forms of participation therein provided (§ 4.2), and the supervisory and monitoring body for workers’ participation introduced by the law (§ 4.3). This is followed by some considerations on workers’ decision-making participation and the role of trade unions, which are not adequately addressed in the legislative text (§ 5). The article concludes by systematizing the results of the analysis, from which it appears that Law No. 76/2025 provides an opportunity to reopen a debate — never entirely settled — on workers’ participation in enterprises, yet without achieving the effective implementation of Article 46 of the Constitution.