Il contratto di lavoro subordinato = The subordinate employment contract. WP C.S.D.L.E. “Massimo D’Antona”.IT – 360/2018

Magnani , Mariella (2018) Il contratto di lavoro subordinato = The subordinate employment contract. WP C.S.D.L.E. “Massimo D’Antona”.IT – 360/2018. [Policy Paper]

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Abstract

Taking a classic work by Sergio Magrini as its starting point, the article tests the modern theory of the individual work contract with regard to innovations in business organisation and technological innovation. Italian law’s approach, even after the so-called Jobs Act, has remained a dichotomous one, based on the distinction between salaried employment, which is the sole focus of protection under labour law, and self-employment, which has few or no safeguards. This situation does not appear to have changed greatly following the entry into force of the so-called Jobs Act for self-employed workers (Law no. 81 of 22 May 2017). Yet the digital revolution - and in particular the new phenomenon of gig economy work – clearly shows that the self-employment/salaried employment dichotomy is simplistic and that the concept of the Work Statute, i.e. a gradual increase in the level of social security protection, discussed a decade ago, was set aside too hastily.Taking a classic work by Sergio Magrini as its starting point, the article tests the modern theory of the individual work contract with regard to innovations in business organisation and technological innovation. Italian law’s approach, even after the so-called Jobs Act, has remained a dichotomous one, based on the distinction between salaried employment, which is the sole focus of protection under labour law, and self-employment, which has few or no safeguards. This situation does not appear to have changed greatly following the entry into force of the so-called Jobs Act for self-employed workers (Law no. 81 of 22 May 2017).

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