Towards a new notion of subordination in Italian Labour Law?

Abstract

The essay investigates the systematic effects produced by art. 2, Legislative Decree n. 81/2015, providing for the application of subordinate employment law to a specific category of self-employee: that one “hetero-organized” by the client. The new legal notion of “hetero-organized” collaboration is largely similar to that of “coordinated” collaboration ex art. 409 of the Civil Procedure Code, but the former is distinguished by the latter because the spatial-time constraints the collaborator has to respect are unilaterally stated by the client according with its (rigid) organization and not co-determined by the self-employee. According with the Author this reform is producing in Italian Labor Law the effect to extend not only the subjective field of applicability of subordinate employment law, but even the same objective notion of subordination “by addiction”.

Keywords

• employment law
• subordination
• hetero-direction
• hetero-organization
• coordinate collaboration