I. TRANSNATIONAL PRODUCTION AND LOGISTIC STRUCTURES, COURT ACTION RESOURCES OF MATURE CAPITALISTIC COUNTRIES AND DILIGENT CONTROL PERFORMED BY THE PARENT COMPANIES The corporate governance topic cannot but be relevant for labour law, although it has always focused on workers’ protection; it would be out of date to consider the company only as a structure in opposition to the employees’ protection. As a result of the industrial revolution, labour law was born for the purpose of effectively conditioning corporate strategies and rebalancing opportunities; if it is based on legal provisions and binding clauses of trade union agreements, the topic of its being effective is essential, as those provisions have an organizational and economic meaning only if they are implemented. The structure of companies and the operations of groups in several States, at time tens of States, affect the employment relation and reciprocal obligations. The individual employment contract is not insensitive to the employer model and to its organization forms; because of its operations in many different Countries and of the unavoidable confrontation with the public opinion globally, with sensitivity and cultures having well - rooted differences, the company rationalizes its conducts, often commendably, unilaterally limiting its powers and discretional scopes and ensuring transparency of its business operations and respect for occupational interests (v. Lyon – Caen 2018, 33 et seq.). Most of all, some multinational enterprises are not very large in size and have more delimited objectives, albeit pursued globally, and consistent resources, with medium - sized enterprises by number of employees but strongly competing in the international arena in many States (see Turner 2016, 195 et seq.). Especially in the European Union (see Edelman 2016, 57 et seq.), the promotion of the effectiveness of work protection has been found precarious, both when left to the jurisdiction of the various Countries where the operations are carried out and when based on social responsibility assertion, as results are in any case limited and conditioned by many variants, with reduced protection of equality of workers from different States. The solution implemented in France (see Barraud de Lagerie – Béthoux – Mias – Penalva – Icher 2020, 699 et seq.) and in Germany provides for competent jurisdiction on any and all disputes to lie with the courts of the Country where the parent company is based with a centralizing approach making reference to the parent company’s obligation to exercise diligent, adequate and verifiable control on its subsidiaries, to 70
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