L’estensione degli obblighi informativi alle collaborazioni coordinate e continuative e alle collaborazioni organizzate dal committente

The essay analyzes the issues arising from the Legislative Decree n. 104/2022, which implemented extensively the Directive 2019/1152. The Law includes the so called “collaborazioni
coordinate e continuative” pursuant to art. 409 no. 3 of the Civil Procedure Code and the so
called “collaborazioni etero-organizzate” pursuant to art. 2 paragraph 1 d.lgs. 81/2015. After
some brief remarks on the field of application of the Legislative Decree no. 152/2017, the Author analyzes inclusions and exemptions (commercial agency, self-employment contracts under
Title III, Chapters I and II of the Civil Code, relationships between family members, etc). Moreover, the survey points out the critical issues inherent in the inclusions, with reference to the
obligation to provide information, the parallel employment, the ‘minimum predictability of
work’ and the protection from dismissal and burden of proof. Finally, the Author highlights the
issues arising from the application of Legislative Decree no. 104 to the so called “collaborazioni
etero-organizzate”.