WP C.S.D.L.E. “Massimo D’Antona”.IT – 272/2015
In corso di pubblicazione in Fiorillo, Perulli, Il nuovo diritto del lavoro, vol. 3, Giappichelli, 2015
The essay deals with the subject of collaborations “organized by the client”, provided in Art. 2 Act 81/2015, and the related issue of coordinated and continuous collaboration (parasubordination). According to the Author the “organized collaborations” not modify the notion of subordination provided by Art. 2094 of Civil Code, and not introduce a subtype of subordination, but are independent (but parasubordinate) forms of work to which the legislator extend the employment law. The coordinated and continuous collaboration, in order to be distinguished from “organized” shall be construed as performances placed in a “relational” contractual dimension, so that coordination ceases to be a power of the customer and becomes a mode of bilateral coordination of performance. The essay concludes with an analysis of the possible contents of the regulatory coordinated and continuous collaboration.