Re-internalizzazione e successione di appalto nella gestione dei servizi pubblici = Re-internalization and succession of contract in the management of public services. WP C.S.D.L.E. “Massimo D’Antona”.IT – 385/2019

The essay presents a panorama of the Italian discipline related to tendering in public services, illustrating particularly the discipline that regulates contract of employment, when a public administration proceeds to outsource or to re-internalize an activity. In the latter case, in Italian jurisdiction (as well as in Spanish one), there is a conflict between two different principles: the principle according to which the transferee becomes the employer of all staff previously employed by the transferor, which derives from the European directive no. 2001/23 on the transfert of an undertaking, is opposed to the Constitutional principle, under which no one can have access to public employment if not after passing a open competition. The essay analyses also the rules which has to be applied to the case in which, after a new call for tenders, a new contractor gained the service previously managed by another compan

Lavoro subordinato, autonomo e quasi - subordinato: la flessibilità all’italiana prova una nuova ricetta

IL SAGGIO ANALIZZA BREVEMENTE LA DISCIPLINA DEL LAVORO FLESSIBIL

Economia “informale” e politiche del lavoro: un nuovo inizio? = "Informal" economy and labor policies: a new beginning? WP C.S.D.L.E. “Massimo D’Antona”.IT – 337/2017

The essay explores Italian legislation that is concerned with repressing informal (or shadow) economy and tries to categorize the hypotheses in which undeclared work is performed, also analyzing the effects that in this case result on the work relationship. The sectors involved are public procurement, the contrast to irregular migrant work and the “enforcement” directive concerning posted workers. The recent institution of a National Labour Inspectorate is examined, as well. The regulatory framework is completed by the European policies and particularly by the Platform to enhance cooperation in tackling undeclared work, which has been launched in May 2016, holding together representatives of labour inspectorates, tax and customs officers, social security institutions, and trade union members. The Author notes that an effective employment policy requires, to find out who really is a jobseeker, that undeclared work finds real contrast thanks to the action of supervisory authorities

Un nuovo orientamento giudiziale nella disciplina dei licenziamenti

si analizza la riforma del licenziamento del 201