L’art. 2 d.lgs. n. 81/2015 ad un primo vaglio della Suprema Corte: Cass. 24 gennaio 2020, n. 1663 = Article. 2 Legislative Decree no. 81/2015 at a first examination of the Supreme Court: Cass. January 24, 2020, n. 1663. WP C.S.D.L.E. “Massimo D’Antona”.IT – 414/2020

Carinci, Franco (2020) L’art. 2 d.lgs. n. 81/2015 ad un primo vaglio della Suprema Corte: Cass. 24 gennaio 2020, n. 1663 = Article. 2 Legislative Decree no. 81/2015 at a first examination of the Supreme Court: Cass. January 24, 2020, n. 1663. WP C.S.D.L.E. “Massimo D’Antona”.IT – 414/2020. [Working Paper]

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Abstract

The commentary examines Corte cass. n. 1663/2220, criticizing the qualification of art. 2, co. 1 d.lgs. n. 81/2015, as a mere rule of regulation, because it is always possible to deduce from it a case, to which to attribute the rules governing the employment relationship, nevertheless after a selection that takes into account its diversity with respect to art. 2094 c.c. Moreover, it assumes that the riders of the Foodora case fall under the same art. 2, co. 1, but in truth, taking into account the new version of this article envisaged by d.l. 101/2019, it falls under the Capo V-bis introduced at the same time.

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