|GH 2017 Italy|
While the Italian legislator is making several law reforms to reduce unemployment rate, trying to promote the open-ended employment agreements, the utilization of bogus self-employment contracts is still widespread and the best way to regulate this is clairfying the distinction between employment and self-employment relationship.
The distinction between employment and self-employment relationship is of fundamental importance under Italian employment law, from a number of different perspectives such as employer’s power, welfare and social security rights, protections in the event of termination, illness etc.
In light of the above, it is very important to define the main features of the two contractual figures because, under Italian labor law, a relationship is either considered subordinate employment or self-employment according to the way in which the relationship has effectively been implemented and managed, which always prevails over the name given to the contract by the parties (i.e. nomen iuris).