La collaborazione eterorganizzata: fattispecie e disciplina = Heterorganized collaboration: case and discipline. WP C.S.D.L.E. “Massimo D’Antona”.IT – 296/2016

Zoppoli, Antonello (2016) La collaborazione eterorganizzata: fattispecie e disciplina = Heterorganized collaboration: case and discipline. WP C.S.D.L.E. “Massimo D’Antona”.IT – 296/2016. [Policy Paper]

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Abstract

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.

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