Il lavoro personale coordinato e continuativo tra riforme e prospettive di tutela = Coordinated and continuous personal work between reforms and prospects for protection. WP C.S.D.L.E. “Massimo D’Antona”.IT – 280/2015

Nuzzo, Valeria (2015) Il lavoro personale coordinato e continuativo tra riforme e prospettive di tutela = Coordinated and continuous personal work between reforms and prospects for protection. WP C.S.D.L.E. “Massimo D’Antona”.IT – 280/2015. [Policy Paper]

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Abstract

The paper investigates the consequences of the abrogation of so called “project work” as well as the possible protection for coordinated and continuous collaborations ("parasubordinate work"). First, the paper focuses on the interpretation of Art. 2 of Act 81/2015. It is argued that the new norm does not extend the application the of the employment law to independent workers but simply updates the notion of subordinate workers, clarifying the elements that a work performance must have to be considered subordinate. Then, the paper analyses the compatibility of the new regulations with both the Italian Constitutional Court and the ECJ case law. Finally, still focusing on the compatibility of the new regulation with the EU law framework, the paper investigates how far basic protections can be extended to formally-independent workers taking their livelihoods working integrated into a single company.

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