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05/01/2017

La modifica dell’art. 409, n. 3, c.p.c., nel disegno di legge sul lavoro autonomo

WP C.S.D.L.E. “Massimo D’Antona”.IT – 318/2017



Il contributo sarà pubblicato in Tutela del lavoro autonomo e lavoro agile, a cura di D. Garofalo, Giappichelli, Torino, 2017



The work deals with the amendment of article 409, n. 3 of the Code of Civil Procedure contained in the draft bill on self-employment. After various legislative interventions on the so-called para-subordinate work (by the coordinated and continuous collaboration to the project contract), Legislative Decree n. 81 of 2015 introduced a new form of collaboration, in which the work performance, exclusively personal, is organized by the employer also with reference to working hours and workplace. After recalling this figure, the author analyzes the meaning and the effects of the amendment of the notion of coordinated and continuous cooperation provided for in the bill on self-employment: the future wording of article 409, n. 3, Code of Civil Procedure, enhances the requirement of organizational autonomy of the employee, as well as providing for the coordination arrangements to be defined by mutual agreement between the parties. Finally, the paper deals with the topic of cooperation contracts set up by the public administration, in the light of the prohibition to stipulate collaborations organized by the customer, set for 31 December 2016 by the Legislative Decree n. 81 of 2015, but recently extended for one year by Law Decree n. 244 of 2016.

author(s): Voza, Roberto
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