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Subordinazione, autonomia, lavoro agile e occasionale tra (post) Jobs act e diritto europeo

WP C.S.D.L.E. “Massimo D’Antona”.IT – 364/2018

Il saggio sarà pubblicato in un volume dal titolo provvisorio “Lavoro agile, autonomo, accessorio”, AA.VV., a cura di D.Garofalo, di prossima pubblicazione sulla Collana di Adapt.

In the essay, on the light of European Union law and the jurisprudence of the Court of Justice, the recent reforms, introduced by law n. 81/2017 on independent non-entrepreneurial work and "agile" work and by art. 54 bis of law n.96 / 2017 (for the conversion in law of the decree No. 50/2017) on occasional work, are analyzed.
The current tendency of the EU institutions to build a real European labor law is highlighted, on the basis of the social directives and their interpretation provided in numerous judgments by the European Court, up to the elaboration of autonomous community notions of subordinate work and self-employment, occasional work, part-time work, temporary objective reasons in the use of a fixed-term contract and work employed by temporary agencies, after the initial attitude of the Luxembourg court of neutrality with the corresponding notions of the legislation of the Member States.
It thus emerges that, despite the evident contradictions of the EU jurisprudence and of the social policies of the EU Commission, thanks to the requests of the European Parliament in the direction of strengthening the substantial protections of flexible working relationships through a reduction in job insecurity, it is outlined ever more pronounced a "general" interpretative framework of the social rights of the European Union, within which the interpreter must necessarily place the discipline of the labor relations of the individual Member States, with binding and effective effects of the European principles and rights in the national laws.
Therefore, only in this European context the reform of non-entrepreneurial self-employment, of agile work and of occasional work can be read and applied, in order to avoid those discrepancies and confusions in the contractual practice of work which the internal legislation, without systematicity and clarity of objectives, still continues to provoke and, often, to feed.

author(s): De Michele, Vincenzo
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