The concept of subordinate worker against the new forms of employment


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Abstract: The technological changes and above all the new forms of businesses organization cause new forms of employment and sometimes practices of "contractual engineering" which result in a revival of the eternal debate about the borders between the subordinate regime working contracts and those of civil, commercial, administrative type and what kind of legal action must be undertaken in the situations of authentic and effective organizational autonomy but with contractual weakness derived from the economic dependency of the autonomous to the customer company.

This study is about this debate and about the most recent jurisprudential answers, and we start from two important contextual premises: we do not observe a drop of the rate of salaried, quite the opposite, and the legal litigiousness related to it, although qualitatively important, not much quantitatively. The author draws from the traditional approach, the subordination, has good legal health, it does not need a replacement, it only needs a flexible, pragmatic and finalist reading, according to the one-way technique of the requirements and the opportunity to introduce new requirements. The author also calls for changes in the regulation of the economically dependent self-employed workers to avoid improper flights to the normal self-employed worker and to provide effectiveness to the aim of protection of the weak contractor.

Keywords: subordinate work, false self-employed, economically dependent self-employed worker.


Abstract: Along this study, we want to show that the European Social Charter, officially declared as the European Social Constitution in the Process of Turin I and II (2014 and 2016) is the basic regulatory tool for the enforceability and guarantee of the social rights in Europe, and therefore, of the Social State. Reliving the first judgement which was issued by a first instance social competent court at the end of 2013, we show all the declarations which have supported it, in the same matter or in different ones (the decoupling of the pensions of the CPI, the characterization of the on-call and localized guard periods and the right to a guaranteed minimum income), included those of second instance, the most recent of the courts are from March and June of 2018 and those of the TSJ from

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January of 2017. Unfortunately, although...

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