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C. Lollio: Some thoughts shared 011 the new provisions 011 co-ordinated ...
The treatment of co-ordinated and continuous collaboration contracts
as subordinated employment contracts, at least as regards such limited
aspects, has helped to spread the term "non-subordinated employment
contract" (3), in order to identify those work contracls which see the
worker in a position of economie and organisational inferiority, towards
"the employer" although he is not an employee from a strictly legai point
ofview (4),
3, Case law on the absence of a "third type" of work contract, A denial
from an operative point of view: the progressive extension by
case law to non-subordinated employment contracts of some of typical
legislative protections afforded to subordinated employment
contracts
According to prevailing case law, the purpose of article 409 no. 3
C.p.c. is not to identify a new category of work contracts, but rather to
exlend the scope of the provisions on individuai employment law disputes
" ... to other types of collaboration contracts which consist in the provision
of a continuous and co-ordinated service, which is of a prevalently personal
nature, even if it is not of a subordinated nature" (5).
(3) In the absence of a statutory definition thereof, non-subordinated employment
contracts have been identified by case law as that working activity whieh is canied
out independently from a strictly legaI point of view, but which ne\'ertheless presents
features of economie and sodal dependence vis-à-vis the person for whose benefit the
work is canied out (Italian Supreme Couri (Cass.) o. 4928 dated 13.8.1981. Foro it.,
1981, I, 2699; Id. 16.5.1981, n. 3239, Mass. giuro lavo 1982, 671).
As regards legai scholars, cfr: G. Pera, "The so-called non-subordinated employment
contracts and the employment law trial", Riv. dir. proc., 1974,422.
He points out that the requisites of co-ordination, continuity and the prevalence
of the personal nature of the sen'iees provided are clues as to the weakness of the oonsubordinated
employee's position and justif:\", therefore, the extension to the latter of
the protections afforded to subordinated employees, G. Santoro Passarelli. Non-subordinated
\vork, Milan, 1979, 19 ff.
StilI on the same topi c, cfr. A.M. Sandulli, On frcc-Iance work and co-ordinated
and continuous collaboration contracts, Dir. la\'. 1982, I, p. 252.
(4) Cfr: G. Santoro Passatelli already cited abovc; Ballestrero M.V, The ambiguous
concept of non-subordinated work, Lav e Dir., 1987, p. 41.
(5) The identification of the charactenstics of non+subordinated employment contracts
has been carried out by G. Santoro Passarelli in "Non-subordinated employment
contracts, dted above, both in the attempt to ensure a more far-reaching protection
of a number of co-ordinated and continuous collaboration contracts in respect of
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