Oronzo Mazzotta

Art. 8 of Act n. 148 of 2011; the problem of the availability of the contractual pattern

  • Abstract

Informations and abstract

Keywords: Contract of employment; parties choice; derogation of employment rights.

The author takes into consideration, between all the problems proposed by art. 8 of Act n. 148/2011, a peculiar consequence of the possible derogation, by means of a second level collective agreement, to legal rules of labour contract. At the very end the problem reveals to be the one of the availability by private parties of the contractual pattern, which does not exist in the Italian legal order: given a certain de facto carrying out of a contractual relationship parties can't nominate it at their choice (e.g. nominate as self-employment a de facto employment relationship).

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