Journal title GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI
Author/s Maurizio Falsone
Publishing Year 2022 Issue 2022/174 Language Italian
Pages 28 P. 247-274 File size 323 KB
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The Author examines the common representations of the platform work and observes that the aspects inherent to the phase of relationships preceding the performance, and not concerning the alternative obligation/freedom to work, are underestimated. According to the Author, this encourages interpretations implying the relationship’s fragmentation into an indeterminate series of contracts, to the point of undermining the contractual origin of the qualifying operations. In the contribution, therefore, it is proposed to analyze the "concrete" causa of the rela-tionships in order to identify other aspects of the relationships able to guarantee the unity of the contract by providing legal relevance to the legal durability of the relationship. This ap-proach leads the Author to value, even for the qualification’s purpose, the situations of pow-er/subjection characterizing work through platforms and to emphasize how they bring to the fore the interpretations of art. 2094 of the Italian Civil Code which downsizes the role of the performance to the advantage of profiles capable of photographing the overall contractual structure. The Author concludes by considering that such relationships cannot be conceived as a series of independent contracts, nor as "co.co.co.", but also that the other hypotheses (like subordination or hetero-organization) must pass through an update of the traditional interpretation.
Keywords: Digital platforms; Qualification of working relationships; Causa of the contract.
Maurizio Falsone, Lavorare tramite piattaforme digitali: durata senza continuità in "GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI " 174/2022, pp 247-274, DOI: 10.3280/GDL2022-174004