After an analysis of the concepts such as "continuity", "coordination", "mode of execution", the Author argues that, on the one hand, even in the autonomous work there is an interference of the client in the mode of performance and, on the other hand, that it is not the time in itself of the service and the service, but the power of the creditor over the service, and therefore in the power to specify the subject matter of the benefit payable by the worker, in particular with regard to the arrangements for the performance of the benefit, identifying, within the framework of the plurality of activities deducted in obligation, the one that the worker is obliged to carry out from time to time, to constitute the characteristic feature of subordination. It is only in this perspective that "time" becomes relevant for qualification purposes, in the sense that the employer, unlike the client, has the power to specify continuously the very content of the service, identifying among all the multiple tasks covered by the subject of the contract that from time to time due.

Proia, G. (2022). Tempo e qualificazione del rapporto di lavoro. LABOUR & LAW ISSUES, 8(1), 55-86.

Tempo e qualificazione del rapporto di lavoro

Giampiero Proia
2022

Abstract

After an analysis of the concepts such as "continuity", "coordination", "mode of execution", the Author argues that, on the one hand, even in the autonomous work there is an interference of the client in the mode of performance and, on the other hand, that it is not the time in itself of the service and the service, but the power of the creditor over the service, and therefore in the power to specify the subject matter of the benefit payable by the worker, in particular with regard to the arrangements for the performance of the benefit, identifying, within the framework of the plurality of activities deducted in obligation, the one that the worker is obliged to carry out from time to time, to constitute the characteristic feature of subordination. It is only in this perspective that "time" becomes relevant for qualification purposes, in the sense that the employer, unlike the client, has the power to specify continuously the very content of the service, identifying among all the multiple tasks covered by the subject of the contract that from time to time due.
Proia, G. (2022). Tempo e qualificazione del rapporto di lavoro. LABOUR & LAW ISSUES, 8(1), 55-86.
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11590/412619
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