Remote work and management by objective: considerations around social and legal typicality. Second wave of a field research

Abstract

The essay, starting from the assumption that legal typicality derives from social typicality, proposes to explore both, in the margins of empirical results of research conducted on the organisation of work by objectives of white-collar and middle management employees of companies operating in a macro-sector of industry located in area of Milan (CCNL applied pens and brushes; chemical; energy and oil; gas and water; electricity). The work is divided into two parts. The first is dedicated to reconstructing a social-type of remote employee who works for objectives that can serve as a normative type in order to place at the centre of the debate the real problems that this organizational mode of subordinate work poses in practice. The second part questions, by denying it, the legal possibility (argued by the doctrine) of configuring a new legal type of agile work and corresponding de-typing of Article 2094 of the Italian Civil Code.

Keywords

• remote work
• work for objectives
• employment contract
• legal type
• normative case