L’enigma qualificatorio dei riders. Un incontro ravvicinato tra dottrina e giurisprudenza

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Abstract

The essay analyses art. 2 legislative decree n. 81/2015within the broader context of the debate on the qualification of the contract ofemployment. In particular, the work deals with the two relevant theses on thenature of the employment relationship of the riders, subordinate and hetero-organized:the former tries to adapt and contextualize the index of subordinationto platform workers; the latter highlights the innovative scope of the new ruleson hetero-organized work, equalized to subordination in terms of regulation, butstill considered as a kind of self-employment. The different positions on the qualificationare very well embedded in most recent jurisprudence on the riders, andin the difficulties of the legal reasoning due to the patchwork legal frameworkand the continuous changes of the organization of platform work. Unfortunately,apart from legislative rules – art. 2 and arts. 47 bis et seq. introduced in 2019 andspecifically devoted to riders – there is a lack of an efficacious intervention ofcollective bargaining in terms of workers representation and determination of theapplicable industrial sector.
Original languageItalian
Pages (from-to)1-33
Number of pages33
JournalDIRITTO DEL MERCATO DEL LAVORO
Publication statusPublished - 2021

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