Chapter La controversa questione della qualificazione giuridica del lavoro mediante piattaforma digitale e il fondamentale ruolo interpretativo della giurisprudenza
Abstract
The evolution of the Italian case law on the misclassification of platform workers is analysed in this article. The study highlights the fundamental role played by the jurisprudence in order to enhance working conditions and strengthen labour protections for platform workers. In this respect, the Italian experience, which is described in its fundamental stages, appears emblematic on the international scene and even pioneering with reference to the protection of collective interests. The recent approval of the EU Directive on Platform work, which introduces a rebuttable legal presumption of employment, does not seem sufficient in itself to downsize filing lawsuits for misclassification. As a consequence, the Courts rulings will still maintain full relevance for the protection of platform workers’ rights.
Keywords
Platform work; misclassification; employment contractDOI
10.36253/979-12-215-0507-8.66ISBN
9791221505078, 9791221505078Publisher
Firenze University PressPublisher website
https://www.fupress.com/Publication date and place
Florence, 2024Series
Studi e saggi, 259Classification
Employment and labour law: general