Editorial

Editor in chief

Bruno Caruso
University of Catania

Editorial board

Anna Alaimo
University of Catania

Edoardo Ales
University of Cassino

Marzia Barbera
University of Brescia

Bruno Caruso
University of Catania

Filip Dorssemont
University of Louvain "La Neuve"

Maximilian Fuchs
University of Ingolstadt

Stefano Giubboni
University of Perugia

Nicola Kountouris
University College London

Antonio Lo Faro
University of Catania

Julia López
University Pompeu Fabra of Barcelona

Jonas Malmberg
University of Uppsala

Giancarlo Ricci
University of Catania

Silvana Sciarra
University of Firenze

07/04/2016
La collaborazione eterorganizzata: fattispecie e disciplina

WP C.S.D.L.E. “Massimo D’Antona”.IT – 296/2016

Il saggio, destinato agli Studi in onore di Mario Tedeschi, è in corso di pubblicazione in DLM n.1/2016

The author, resuming a previous brief reflection, investigates the "eterorganizzate" collaborations, introduced by Article 2 of Legislative Decree n. 81/2015 in the context of a broader redefinition made by the so-called Jobs Act of the contents and protections of the work performed to others. By deepening the dialogue with the wide doctrinal debate already developed, at first he argues that the provision inevitably takes as reference some employment relationships, whose nature was autonomous before the recent reform. Secondly, the author believes that Article 2, par. 1, by reflecting ongoing changes, considers such relationships as part of the discipline of the subordination, although the discipline is applied in a modular and selective way, because of some system constraints that hinder its thorough extension. Beyond the immediate practical impact on litigation about qualification, from that provision it derives a new unprecedented legal situation that has a social character, but is a hybrid one, and it cannot be considered as a new access channel to the "subordination". Taking into account the derogative power attributed by law to collective bargaining one can already understand the delicacy and importance of this new perspective.

Attached ITA
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20160407-091637_zoppoli_n296-2016itpdf.pdf 261.01 KB
Authors
Zoppoli, Antonello
Keywords
working paper,Italy