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Sezione I - Dottrina
In such a manner the legislator also wanted to guarantee an adequate
form of pension coverage for those particular categories of workers, who
had up till then been completely exempted from any forrn of contribution
whatsoever.
Furthermore, we have witnessed more recently a further extension to
non-subordinated workers of materni!)' and family rights (25).
Moreover, from a point of view of the "universalising" of the social
security and National Insurance system, the aforementioned system has
been extended to protect non-subordinated employees against accidents
at the workplace.
Il is well known that the protection against accidents at the workpiace
afforded to subordinated employees has been progressively extended
to a varied category of workers who are not subordinated employees;
it also regards, in fact, craftsmen who provide their services in their respective
businesses, teachers and students of colleges; instructors and students
of professional training courses; spouses and natural and adoptive
children of the employer who work manually either for consideration or
for free; partners in co-operatives and every other type of enterprise;
working partners; patients in private clinics, hospices, hospitals, welfare
and charity institutes; prisoners in corrections institutes; clergymen;
members of religious orders; door-to-door; sales persons.
INAIL, with its circular dated 12 May 1997 (26), deemed admissible
the extension of such legislation to "non-subordinated employment con- ,
tracts", following the prior verification by the competent bodies of the effective
existence of an employment contract.
Artide 5 of legislative decree no. 38 dated 23 February 2000, has not
incorporated this !imitation and, in implementation of the enacting power
contained in article 55 of Law nO.144 dated 17.5.1999, it has extended
to co-ordinated and continuous collaboration contracts the legislation
on the prevention of accidents at the workplace, so long as the non-subordinated
employees carry out dangerous activities pursuant to article l
(25) Cfr. on this point article 59, paragraph 16 ofLa\v no. 449 dated 23.12.1997,
\vhich has provided for a specific contribution \vhich amounts to Q,5°k to be
charged to workers who are deprived of other forrns of legaI protection and who
are enrolled in the separate INPS fund provided for at article 2, paragraph 26 of
Law no. 335 dated 8.8.1995, for the protection of maternity rights and for family
benefits.
(26) A. Casotti, M. R. Gheido, Co-ordinated and continuous collaboration, in suppl.
ord. a Dir. e prat.lav., no. 5 dated 2.2.1998,126. Cfr. also the ltalian Constitutional
Court., order no. 437 dated 30.12.1996, in the same review, p. 141.
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