Subordinazione, dipendenza, abitualità, personalità: riflessioni e proposte per la tutela dei “nuovi” lavori

Analyzing the problems posed by technological evolution, the essay focuses on the issue of subordination, which has occupied the Italian labor law scene for decades, and which in recent years has also interested scholars from other countries. The most recent jurisprudence is then analyzed to show how hetero-direction remains the only element for the qualification of the contractual relationship in terms of subordinate work, rejecting the idea that economic dependence or insertion in the production cycle can be substituted to it. It is however proposed to also take into account other elements also present in the definitions of the law, such as personality and habituality, in order to identify a series of rights to be recognized (by analogy or through a future legislative intervention) also outside the perimeter of subordination to those who render their work performance without a business organization.