In a famous 1995 essay Massimo D’Antona, commenting an Italian Constitutional Court’s ruling, affirmed that the Constitution contains a binding definition of subordinate employment relationships. The author re-reads D’Antona’s essay, arguing that it is not possible to deduce from the Constitution and ordinary statute law a general notion of subordinate employment relationship. In the author’s opinion the legislator can state different regulations and adjust protections. Attention is paid to different methods adopted to qualify an employment relationship as subordinate and critical remarks are presented.
Keywords: Employment relationship; Definition of employment relationships; Different methodological approaches in defining employment relationships; Legal definition of employment relationship; Italian Constitution and subordinate employment; Limits to individual autonomy in contracts of employment