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Il tipo contrattuale: autonomia e subordinazione dopo il Jobs Act = The contractual type: autonomy and subordination after the Jobs Act. WP C.S.D.L.E. “Massimo D’Antona”.IT – 282/2015

Pessi, Roberto (2015) Il tipo contrattuale: autonomia e subordinazione dopo il Jobs Act = The contractual type: autonomy and subordination after the Jobs Act. WP C.S.D.L.E. “Massimo D’Antona”.IT – 282/2015. [Policy Paper]

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    Abstract

    The paper analyzes the impact and the possible interpretation of the provisions of art. 2 of legislative decree n. 81 of 2015, that, repealing the discipline of project collaborations, has established that the regulation of subordinate employment is applicable to those collaborations which are personal, continuous and whose mode of execution are organized by the client with reference to the time and place of job. The Author examines the evolution of statutory law, doctrine and case law regarding the type of subordinate employment, which is the basis for the most recent reform, and then considers the different interpretations about the nature of the collaborations disciplined by the recent regulation. In his reconstruction, the Author supports the autonomous nature of the organized collaborations and highlights the importance of the role of collective bargaining in the implementation of the new statutory provision, which lead to a new centrality of the two original categories provided for by the Italian Civil Code in articles 2094 (subordinate employment) and 2222 (independent work).

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    Item Type: Policy Paper
    Subjects for non-EU documents: EU policies and themes > Policies & related activities > employment/labour market
    Countries > Italy
    Subjects for EU documents: UNSPECIFIED
    EU Series and Periodicals: UNSPECIFIED
    EU Annual Reports: UNSPECIFIED
    Series: Series > University of Catania > Department of Law, C.S.D.L.E. "Massimo D'Antona" Working Papers .IT
    Depositing User: Daniel Pennell
    Official EU Document: No
    Language: Italian
    Date Deposited: 10 Jun 2020 09:06
    Number of Pages: 20
    Last Modified: 10 Jun 2020 09:06
    URI: http://aei.pitt.edu/id/eprint/102896

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