The issue aims to reconstruct the meaning of subordination in third-generation telework in the Italian legal system, the so-called agile work, start-ing from the reasons for the ''crisis'' of subordination that Italian doctrine had started to deal with since the 1980s, developing a pluralistic reading of the con-cept of subordination so as to adapt the notion to the complexity of labour rela-tions. Examining the regulation of agile work in Law No. 81 of 2017, a dual meaning of subordination seems to emerge, which, depending on the choice of the parties, can be identified in the traditional criterion of heterodirection or in that of heterorganisation, i.e. the dual alienation of the organisation and the result of the work performance. The same criterion of heterorganisation was used by the Italian legislator to regulate work in digital platforms and a similar development seems to emerge from the proposed European directive.
Trabalho tecnológico a distância e subordinações: da hetero-direção à hetero-organização / G. Ludovico. - In: REVISTA INTERNACIONAL DE DIREITO DO TRABALHO. - ISSN 2184-8815. - 2024:6(2024 Jun), pp. 7-83.
Trabalho tecnológico a distância e subordinações: da hetero-direção à hetero-organização
G. Ludovico
2024
Abstract
The issue aims to reconstruct the meaning of subordination in third-generation telework in the Italian legal system, the so-called agile work, start-ing from the reasons for the ''crisis'' of subordination that Italian doctrine had started to deal with since the 1980s, developing a pluralistic reading of the con-cept of subordination so as to adapt the notion to the complexity of labour rela-tions. Examining the regulation of agile work in Law No. 81 of 2017, a dual meaning of subordination seems to emerge, which, depending on the choice of the parties, can be identified in the traditional criterion of heterodirection or in that of heterorganisation, i.e. the dual alienation of the organisation and the result of the work performance. The same criterion of heterorganisation was used by the Italian legislator to regulate work in digital platforms and a similar development seems to emerge from the proposed European directive.File | Dimensione | Formato | |
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