The Author analyzes the Law nº 81/2017, Chapter I, which contains rules to protect the "nonentrepreneurial" self-employed worker. First, the Author carries out a review of the contents of the provisions with particular reference to the requirement of adequate notice in case of withdrawal of the client, the prohibition of unilateral modification of the contract conditions, protection against late payments and the unlawful refusal of the contracting party to stipulate in writing the contract. The Author then concentrates his analysis on the provision against the so-called "abuse of economic dependence" and on the techniques of remedial action between nullity and compensation for damages. Brief reflections are dedicated to the new provisions for the protection of (fair) remuneration and on the nullity of vexatious clauses in favor of professionals in situations of alleged contractual disparity. Other observations concern the right to suspend the continuative relationship, the right of the working mother to be substituted, the rights of economic use of inventions and works of genius and some tax advantages and benefits in the market. The critical reading of the "statute" of self-employment highlights its strengths and limits. In conclusion, the new provisions do not seem to adequately differentiate the protections and, even for this reason, they do not correctly modulate the application of principle contained in art. 35 of the Constitution, being this attempt of integrated protection between civil and labor law clearly unbalanced in favor of the former.
El “estatuto” de los trabajadores autónomos en el ordenamiento jurídico italiano
fabrizio ferraro
2020-01-01
Abstract
The Author analyzes the Law nº 81/2017, Chapter I, which contains rules to protect the "nonentrepreneurial" self-employed worker. First, the Author carries out a review of the contents of the provisions with particular reference to the requirement of adequate notice in case of withdrawal of the client, the prohibition of unilateral modification of the contract conditions, protection against late payments and the unlawful refusal of the contracting party to stipulate in writing the contract. The Author then concentrates his analysis on the provision against the so-called "abuse of economic dependence" and on the techniques of remedial action between nullity and compensation for damages. Brief reflections are dedicated to the new provisions for the protection of (fair) remuneration and on the nullity of vexatious clauses in favor of professionals in situations of alleged contractual disparity. Other observations concern the right to suspend the continuative relationship, the right of the working mother to be substituted, the rights of economic use of inventions and works of genius and some tax advantages and benefits in the market. The critical reading of the "statute" of self-employment highlights its strengths and limits. In conclusion, the new provisions do not seem to adequately differentiate the protections and, even for this reason, they do not correctly modulate the application of principle contained in art. 35 of the Constitution, being this attempt of integrated protection between civil and labor law clearly unbalanced in favor of the former.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
