This article sets out to illustrate the legal framework for employment relationships in a scenario that is far from new to the Italian labour market, but which is undoubtedly accentuated in the gig-economy where human work is - often - unstable, discontinuous and fragmented due to the demands made by technological platforms and aggregators. In this context, network-induced employment relationships require appropriate legal qualification and regulation techniques. The debate on redefining the concept of work - whether salaried or self-employed - and its regulation therefore plays a central role. The Italian legislator intervened with Legislative Decree no. 81 of 15 June 2015, which in recent years has enabled greater protection for ‘digital platform workers’. However, these changes remain sectoral and far from revolutionary. The question of qualifying this norm as a "fattispecie" norm or as a regulatory norm has been the subject of much debate both in doctrine and case law, in a national normative framework that is even more volatile in the face of the proposal for a European directive on the matter that may soon impose other parameters to be adopted.
LA PROTECTION DES TRAVAILLEURS DES PLATEFORMES NUMERIQUES EN ITALIE
TERLIZZI GIULIA
First
2025-01-01
Abstract
This article sets out to illustrate the legal framework for employment relationships in a scenario that is far from new to the Italian labour market, but which is undoubtedly accentuated in the gig-economy where human work is - often - unstable, discontinuous and fragmented due to the demands made by technological platforms and aggregators. In this context, network-induced employment relationships require appropriate legal qualification and regulation techniques. The debate on redefining the concept of work - whether salaried or self-employed - and its regulation therefore plays a central role. The Italian legislator intervened with Legislative Decree no. 81 of 15 June 2015, which in recent years has enabled greater protection for ‘digital platform workers’. However, these changes remain sectoral and far from revolutionary. The question of qualifying this norm as a "fattispecie" norm or as a regulatory norm has been the subject of much debate both in doctrine and case law, in a national normative framework that is even more volatile in the face of the proposal for a European directive on the matter that may soon impose other parameters to be adopted.| File | Dimensione | Formato | |
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