The scope of labour law: WHO IS AN EMPLOYEE
CLASSIFICATION OF EMPLOYMENT (Decreasing Labour Cost )
2) ‘Regular’ Employee (0%)
3) Intermediate Category Worker (-10/20%)
1) Employee with
special protections
(+10%)
4) Indipendent Contractor (-20/30%)
LEGAL MODEL > not easy to distinguish an employee from a self-employed worker.
CASE LAW EMPLOYMENT TEST
Dependency on the employer / Economic reality test
Legal continuity / Mutuality of obligations
Subsidiary indicators
Integration into the employer’s organisation (hetero-organisation)
Employee obligations: render the service to the employer Employer obligations: ensure that the employee earns his wage
Employer benefits: Reduction of transaction costs and flexible organization
Employee benefits: Employment stability
CLASSIFICATION METHODOLOGY ( the abstract model takes into consideration)
Integration into the employer’s organization
Mutuality of obligations ( Reciprocità degli obblighi )
Dependency on the employer
CRISIS OF THE BINARY DIVIDE (The division between employer and self-employed worker is no longer so clear )
Under labour law it may be that there are autonomized employees > Some employment protections, especially working time, are not suitable to peculiar employment relationships
self-employers are very similar to employees because they work alone BUT their autonomy is limited by coordination and their relationship is long lasting
The result is that independent contractors are part of the production cycle because they depend economically from their clients ( if one client doesn’t want to work with him anymore > no income ). They need protection.
SMART WORKING
Purpose : better work-life balance, companies’ competitivity, decreasing cost for the estate (immobili) and increasing workers flexibility
explained by Legge n° 81/2017 > it states that smart working is a peculiar employment which is organised by stages, without strict time and place and without a fixed location.
CLASSIFICATION OF WORK RELATIONSHIPS
SELF EMPLOYED: A person who perform a work by means of his own labour
ENTREPRENEUR: Any person who carries on economic activity aiming to produce some goods or services
EMPLOYEE: a person who does is job under an the entrepreneur authority
under factual continuity > No legal continuity
under coordination > No hetero-direction and no hetero-organisation
Industrial economy
Post-Industrial economy
legal model applied for an employee > HETERO-DIRECTION made of direction (how to work), supervision and disciplinary power (someone can punish your misconduct).
workers have become more skilled and specialized, also they are more autonomous > direction has been REPLACED by coordination. The employer is just interested in the final result