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C. Lallio: Some tlzoughts shared on the ne\\' provisions on co-ordinated ...
We shall point out, therefore, without pretending to be exhaustive in
an)' manner whatsoever, only a few emblematic case.
Various types of medicaI workers have been qualified by case law as
non-subordinated workers: in respect of the latter category, the contract
between external doctors and local health authorities pursuant to artiele
48 of law no. 833 dated 22.12.1978 has been held to be non-subordinated
work (14), as has the contrae t of medicai workers with INAM, INAIL,
ENPAS, as well as with the national association health funds and with
provincial health fund and, finally, with a corrections institute (15); the
work done by a doctor in a State school has also been qualified as nonsubordinated
work (16).
Apart from specific agreements, case law has ruled the acti,ity of a
doctor employed by a Health Authority in an overhours working position
and with a form of profit-sharing pursuant to artiele 35, paragraphs 8
and 9 of Presidential Decree no. 761/1979, to be a co-ordinated and continuous
collaboration contract (17).
As regards the field of professional work, case law has been extremely
varied: thus, with reference to lawyers, it has been held that artici e 409
of the Italian Civil Code of Procedure is applicable to contracts between
govemment agencies and out-house lavvyers, where there have been ser­
"ce agreements for many years (18); such contracls may also be nevertheless
applicable in the absence of contracts, at the condition that the
lawyers' services are provided in a continuous manner and are placed in
the principal's organisation, as well as contributing to the pursuit of the
latter's institutional purposes (19).
Artiele 409, no. 3, of the Italian Code of Civil Procedure has been
deemed to be applicable to a ten-years employment contract between two
(14) Casso SS.UU.17.3.1986, n. 1798.
(15) The reference judgements are: Casso 19.12.1978, n. 6106; Casso SS. UV.
5.12.1986, n. 7208: Casso 11.12.1982, n. 6797: Casso 12.1.1980, n. 227: Casso 3.7.1979,
n. 3748: Casso 29.4.1982, n. 2701.
(16) To Ihis effecl Casso SS. UU. 10.11.1986, n. 6561.
(17) Casso SS. UU. 25.11.1986, n, 6923: Casso SS. UU. 16.8.1990, n. 8286.
(18) Casso SS. UU 16.6.1986, n. 4010.
(19) Casso 10.2.1983, n. 1064, in Foro il., 1983, I, 936: Casso 21.2.1986, n. 1061,
Id .. 1987, 1,1558.
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