L’associazione in partecipazione con apporto di lavoro dopo le recenti riforme* = The association in participation with employment after the recent reforms*. WP C.S.D.L.E. “Massimo D’Antona”.IT – 221/2014

Ferraro, Fabrizio (2014) L’associazione in partecipazione con apporto di lavoro dopo le recenti riforme* = The association in participation with employment after the recent reforms*. WP C.S.D.L.E. “Massimo D’Antona”.IT – 221/2014. [Policy Paper]

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Abstract

This paper provides an analysis of the evolutionary legal framework regarding the contract of association in participation. Recent legislative interventions redefine the limits of working performances which can be accomplished under such contract. First of all, the A. analyses the different rebuttable presumptions introduced by Law 92/2012 with a view to avoid abusive use of association in participation as a way to escape an ordinary employment contract. Further on, the A. examines the general limits to make use of such contract as a negotiating scheme capable of including work services. At the end of the analysis the A. infers that an excessive use of restrictive rules might inhibit also “genuine” contractual relationships, where no abusive intent can be detected, thus provoking distortions in the labour market. A new regulation, based on the figure of the economically dependent self-employed worker, is finally endorsed by the Author as a way both to avoid alteration of labour law principles and to provide benefits to the whole economic system.

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