Productive activity and protection of the weaker party within the legal order and the economic system
Journal title GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI
Author/s Stefano Liebman
Publishing Year 2010 Issue 2010/128 Language Italian
Pages 23 P. 571-593 File size 512 KB
DOI 10.3280/GDL2010-128002
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This paper is one of the three introductory contributions to the annual meeting of the Italian Labour Law and Social Security Association, which in 2010 focused on the boundaries and frontiers of traditional Employment Law within the framework of general Italian Contract Law. In particular it focuses on the new developments introduced, under the influence of EU standards, in the regulation of contractual business relations wherever the imbalance in the prerogatives of the contracting parties could interfere with a fair performance of their mutual obligations. After considering the most significant novelties in respect of the regulation of "commercial contracts" in Italy, and after excluding that these may be underpinned by a single rationale, the paper focuses on reconstructing the traditional domestic debate on subordination, reaching the conclusion that the subordination elements inherent to the managerial prerogative remain a valid justification for employment protection legislation.
Keywords: Law and Economics; Labour law; Contract of Employment; Employment Protection; Independent Contractor; Relational Contracts
Stefano Liebman, Prestazione di attività produttiva e protezione del contraente debole fra sistema giuridico e suggestioni dell’economia in "GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI " 128/2010, pp 571-593, DOI: 10.3280/GDL2010-128002