La nuova disciplina delle collaborazioni organizzate dal committente. Prime considerazioni = The new discipline of collaborations organized by the client. First considerations. WP C.S.D.L.E. “Massimo D’Antona”.IT – 266/2015

Razzolini, Orsola (2015) La nuova disciplina delle collaborazioni organizzate dal committente. Prime considerazioni = The new discipline of collaborations organized by the client. First considerations. WP C.S.D.L.E. “Massimo D’Antona”.IT – 266/2015. [Policy Paper]

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Abstract

The paper investigates a possible interpretation of the new Article 2, Legislative Decree 81/2015 providing for the application of the whole employment protection to personal work relations when the client exercises a unilateral power of organization. First, the paper focuses on the meaning of obligation of personal service and of continuity. Second, the element of the power of organization is taken into account. Here, the Reform has led to increased difficulties in distinguishing between the power of direction, the power of organization and the concept of coordination, which is still existing and is compatible with self-employment. Last, the paper examines the consistency of the new legal regulation with the so-called principle of “indisponibilità del tipo” hold by the Italian Constitutional Court.

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