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Thematic chapter

Social protection in Italy during the pandemic: A comprehensive and adaptive approach in the sign of continuity

Edoardo Ales
p. 116-131
Cet article est une traduction de :
La protection sociale en Italie durant la pandémie : une approche globale, évolutive et continue [fr]

Résumés

Cet article analyse les mesures de santé publique adoptées en Italie au cours de la pandémie et leurs justifications, à savoir la précaution, la protection et la prévention. Il s’agira également d’étudier les moyens utilisés, notamment ceux de protection sociale déjà disponibles, tels que le Fonds d’intégration des revenus Covid-19, l’extension des allocations chômage, des contrats à durée déterminée et de missions de travail intérimaire, l’augmentation des congés parentaux et de garde (primes de baby-sitting). On s’intéressera, en outre, aux nouveaux outils adoptés temporairement, comme l’interdiction de licenciement, la protection des travailleurs vulnérables, les allègements de cotisations sociales, le contrat de réemploi, les subventions en faveur de diverses catégories professionnelles, les régimes d’aide au revenu, les subventions ou les crédits d’impôt non remboursables en faveur des titulaires d’un numéro de TVA. Pour conclure, nous verrons que, durant la pandémie, la protection sociale en Italie a suivi une approche globale et adaptative dans le signe de la continuité.

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Texte intégral

1On 31 January 2020, the Italian Council of Ministers adopted a Decision declaring a 6-months state of emergency due to the health risk connected to viral transmissible agents. Not many people at that moment realized that the decision was the beginning of a long and tragic journey, which has changed so much of our existence. This essay aims at highlighting the rationales of choices adopted under a tremendous pressure and time constraint (I), trying not to lose the big picture and profiting from already existing social protection tools (II). It also emphasizes the necessitate adoption of new tools fitting the purpose of the critical economic and social situation (III). It results in a chiaroscuro effect, pointing out weaknesses and strengths of the already existing social protection system and suggesting areas that deserve major attention by the legislator also when a new normality will be restored.

I - Public health measures adopted during the pandemic and their rationales: precaution, protection and prevention

2Using the language of health and safety, one could say that public health measures adopted during the Pandemic follow three rationales: precaution (A), protection (B) and prevention (C).

A - Precaution: lockdown, confinement and agile working

  • 1 Decree-Law no. 6/2020, converted into Act no. 13/2020.
  • 2 Act no. 81/2017.
  • 3 Ibid., art. 18.

3As soon as, in February 2020, lockdown and confinement measures have been adopted by the legislator, first at local level and then nationwide1, it was clear that the most effective way to keep some business going was work from home. Actually, since some years2, the Italian legal order knew the so-called agile working (lavoro agile) to be understood as a modality of subordinate work without place and time constraints. In order to activate agile working, an individual agreement between the employer and the employee is needed, thus excluding a unilateral decision of each party3.

  • 4 Prime Minister Decree 23 February 2020, Art. 3; Prime Minister Decree 25 February 2020, Art. 2; Pri (...)

4However, under the circumstances, it did not seem realistic to have a negotiation in order to decide whether somebody was going to work agile. Therefore, from the very beginning, the Government decided to allow agile working without the need of the individual agreement and to introduce an on-line fulfilment of employers’ information duty as far as health and safety were concerned4. This is a topical example of adaptation of an already existing legal tool to the emergency situation.

  • 5 Prime Minister Decree 11 March 2020, Art. 1, §6.
  • 6 Art. 87 Decree-Law no. 18/2020 converted into Act no. 27/2020.
  • 7 Art. 26 Decree-Law no. 104/2020, converted into Act no. 126/2020.

5In the public sector, agile work was even declared, first be the Government5, then by the legislator6, the « ordinary form of work ». Such a call caused strong controversy and public outcry because of the difficulty for users to reach civil servants in agile working. By consequence, the legislator has been obliged to modify its position by affirming that agile working is « one of the modalities » of the performance in the public sector7.

  • 8 Art. 90 Decree-Law no. 34/2020, converted into Act no. 77/2020.

6In the private sector, the decision to resort to agile working rests with the employer. However, in May 2020, the legislator decided that working parents with children under 14 are entitled to agile working if the other parent does not benefit from income support instruments linked to the withdrawal or termination of the employment relationship or is not active on the labour market, and if the agile modality is compatible with the nature of the task assigned. The same applies to « fragile workers » (see below). Tasks may be performed in BYOD (Bring Your Own Device) mode. In general, it was confirmed that, for the whole duration of the state of emergency, agile working applies without the need of individual agreement8.

  • 9 Art. 21-bis Decree-Law no. 104/2020 converted into Act no. 126/2020.
  • 10 Art. 22-bis Decree-Law no. 137/2020, converted into Act no. 176/2020.

7Furthermore, the legislator decided that working parents may be entitled to agile working during part or the whole period of children’s quarantine. In case that work modality results to be incompatible with the nature of the task assigned and if the contagion has occurred at school, working parents may stop working for part or the whole period and get a grant amounting to 50% of their last wage. Such a measure had a predetermined duration (31 December 2020) and a budget limit the respect of which is monitored by the National Social Security Institute (Instituto Nazionale della Previdenza Sociale - INPS)9. The same applies in case children are excluded from in presence teaching because of schools’ closure10.

  • 11 Art. 2 Decree-Law no. 30/2021, converted into Act no. 61/2021.

8More recently11, such provisions have been reframed and consolidated, providing that working parents of children under 16 may be entitled to agile working during part or the whole period of suspension of « in presence » teaching/education as well as during infection or quarantine periods, if decided by the competent health authority wherever the contagion has occurred. Such a provision shall apply to both parents of children with ascertain disabilities, with specific learning disorders or with special educational needs.

9In case agile working results incompatible with the nature of the task assigned, each working parent of children under 14, in alternative to the other, may stop working for part or the whole period (Covid Leave) of suspension of « in presence » teaching/education or during the infection and quarantine period. In such case, the working parent is entitled to a grant amounting to 50% of the usual wage. The same benefit applies without age limit in the event of children with ascertained severe disability and Covid Leaves may be enjoyed on hourly or daily basis.

10Parental leaves already enjoyed from 1 January 2021 may be transformed into Covid Leaves and excluded from the calculation of the threshold thereof. Covid Leaves periods are covered by figurative contribution. Working parents with children aged between 14 and 16, may alternatively stop working without being entitled to the grant and to figurative contribution. They cannot be dismissed and have a right to keep their position within the undertaking.

11Predetermined duration, annual budget limit and monitoring by INPS are common features of all the measures adopted by the Legislator during and because of the Pandemic. In case INPS verifies that the budget limit has been exceeded, the allocation of the benefit will be stopped.

B - Protection: shared tripartite protocols for the fulfilment of the safety obligation

12Starting from the early days of March 2020, when it became clear that lockdown would have been imposed, several undertaking engaged into negotiations with company and branch level unions in order to agree upon shared protocols aimed to protect workers from the contagion, allowing, at the same time, activities to be continued. Such an approach is in line with the participative management of health and safety social partners have inaugurated in 2018 with an interbranch agreement (so called Fabbrica Sicura). Those initiatives were looked at with a very positive attitude by the Government, which invited social partners to negotiate interbranch and branch shared protocols on workers’ protection from the contagion, in the view of keeping activities going. Such efforts have resulted into the interbranch Shared Tripartite Protocol signed under the aegis of the Ministries of Labour and Health on 14 March 2020, followed by the Shared Tripartite Protocol for transport and logistics of 20 March 2020. Both Protocols are implemented at company level, taking into consideration the specificities of each undertaking.

  • 12 Prime Minister Decree 22 March 2020, art. 1, § 1, no. 3.
  • 13 Prime Minister Decree 26 April 2020, art. 2, § 6; Prime Minister Decree 13 October 2020, art. 2; Pr (...)

13Immediately after the Shared Tripartite Protocol of 14 March 2020 was signed, the Government referred to its respect within not lockdown undertaking12. On 24 April 2020, the Shared Tripartite Protocol was updated, followed by the Shared Tripartite Protocol for Construction sites. Since then, any Government interventions have made explicit reference to the Shared Protocols as annexes to their texts13.

  • 14 Art. 29-bis Decree-Law no. 22/2020, converted into Act no. 41/2020.
  • 15 Art. 42, § 2 Decree-Law no. 18/2020, converted into Act no. 27/2020.

14As for their contents, Protocols do not add anything relevant to the generally applicable protection provisions in force for the whole population during the emergency: mandatory use of mouth and nose masks; social distancing; hand washing and sanification of premises. However, what was and still is crucial is that employers may rely upon a shared view about measures to be adopted in order to effectively cope with the contagion danger and risk. Such confidence has been definitely confirmed by the legislator stating that employers’ safety obligation with reference to Covid-19 is deemed to be fulfilled if Shared Tripartite Protocols have been applied and respected within the undertaking14. This means that, as far as the contagion is concerned, only « named » protection measures (i.e., those one nominated within the Protocols) shall be adopted. Consequently, no further protection measure, but those named within the Protocols, can be demanded by the workers and the public authorities, courts included, when it comes to the assessment of employers’ liability. On the other hand, Covid infection is classified by the legislator as occupational accident, being the virulent cause equated to the violent one typical of it15.

15The set of Protocols is completed with the National Protocol on company level plans for the activation of extraordinary vaccination spots at workplace of 6 April 2021.

C - Prevention: the vaccination issue

  • 16 Art. 1, § 457, Act no. 178/2020.

16After vaccines have been approved by the relevant EU and national health authorities, the Legislator has provided the Strategic National Vaccination Plan to be adopted by the Health Ministry with the aim to reach the maximum level of vaccinal coverage16. Although vaccines have been proved to be the most effective prevention measure, no general obligation has been imposed by the law.

17Nevertheless, until the end of the Covid-19 emergency, vaccination has been made mandatory for health care professionals, with the exception of those in ascertained health danger in relation to documented reasons linked to the vaccination. In any case, vaccination is an essential requirement for the exercise of health care professions. Professional orders and employers in the health sector shall communicate lists of professionals’ names to Regional Health Authorities. Regional Health Authorities shall report immediately to the competent Local Health Authorities (ASL) names of professionals who did not comply with the vaccination duty. Following to the report, the ASL invites the professional to provide the relevant vaccination documentation within 5 days. In case the professional has not complied with the vaccination duty, the ASL formally invites him or her to submit to vaccination. In case of refusal, the ASL shall inform the relevant professional order or employer and certificate the violation of the vaccination duty, which determines the suspension of the right to exercise any activities that imply contacts to human being and any kind of risk of contagion. Suspensions are immediately communicated to the employer and to the professional order to which the professional belongs.

  • 17 Art. 4 Decree-Law no. 44/2021, converted into Act no. 76/2021.

18Once received the communication of the suspension, employers shall, if possible, assign the professional to other tasks, even of lower classification and remuneration. Those tasks shall not imply any risks of contagion. If no alternative task is available, the suspended professional will get no remuneration until the national vaccination plan is concluded or the vaccination duty has been complied with, and, in any case not after 31 December 2021. Professionals who find themselves in ascertained health danger in relation to documented reasons, shall be assigned, if possible, to other tasks, maintaining the same remuneration also in case no alternative task is available17.

19More recently, the vaccination duty has been extended to personnel working within assisted socio medial residences (Decree Law 10 September 2021, no. 122, which adds article 4-bis to Decree Law no. 44 of 2021). However, due to the lack of agreement within the Government, any further extensions of that duty to public and private sector workers have been excluded. On the contrary, by 15th October 2021, the Legislator has provided to make the access to workplaces of any kind conditional upon the obtainment of the « Green Pass Covid 19 Certificate » [hereinafter Green Pass] (Decree Law 21 September 2021, no. 127, which adds article 9-quinquies, 9-sexies and 9-septies to Decree Law no. 52 of 2021).

20According to Article 1 Decree Law no. 52 of 2021, a Green Pass can be obtained by anyone: a) fully vaccinated; b) cured of Covid 19; c) negative tested. In the first case the period of validity of the Green Pass is of 12 months; in the second of six months; in the third of 48 hours. People exonerated from the vaccination campaign are not obliged to Green Pass.

21Workers who did not obtain the Green Pass, consequently, not being allowed into the workplace, are deemed to be absent without permission. They are suspended from work and pay until they get it, but their absence cannot be regarded either as misconduct or as lawful ground for dismissal. Within 15 October 2021, employers shall organize Green Pass checks, even random, preferably at the entrance to work. Without prejudice of disciplinary consequences, workers who are caught in violation of the Green Pass duty shall be reported to the Prefect and sanctioned with a fine. Fines apply also to employers who do not carry out Green Pass checks. Such measures applies until the end of the state of emergency (by now 31 December 2021).

II - Countervailing the pandemic by adapting already available social protection tools

22Further to agile working, clear examples of adaptation of already available social protection tools can be found in the context of employment retention, meaning that the legislator is trying to avoid an increase of unemployed and of pressure on the social insurance schemes thereof as a consequence of the emergency. This is the case of the Earnings Integration Fund (A), Extension of Unemployment Benefits (B), fixed-term contracts (C), and parental and disability case leaves (D).

A - Covid-19 Earnings Integration Fund

23From the perspective of employment retention, the Italian legal order knows, since the early Forties, the Earnings Integration Fund (EIF) as a scheme that allows the reduction of working time and the suspension of activities without resorting to workers’ dismissals in case of temporary market crisis (ordinary EIF) or restructuring of the undertaking (extraordinary EIF). Extraordinary EIF has been abused in the past in order to allow the continuation of the activities for companies without any perspectives of recovery. In the view of avoiding abuses, the legislator has intervened twice, in order to reform EIF: the first time by Act no. 223/1991 and, most recently, by Legislative Decree no. 148/2015.

24In its actual setting, EIF integrates workers’ wages in case of reduction of working time and suspension of activities up to 80% of their amount. In order to resort to EIF, employers have to inform and consult unions within the undertaking or, if absent, comparatively most representative unions at branch level. Ordinary and extraordinary EIF are financed out of employer’s contribution and public expenditures. Integration can be paid within a time limit fixed by the law. Additional contribution is asked to employers in case further period of EIF are authorized by the Ministry of Labour (so called derogatory EIF).

  • 18 Art. 19 Decree-Law no. 18/2020, converted into Act no. 27/2020.

25EIF have been used by the legislator to countervail the effects of the emergency both from the point of view of lockdown and of the market crisis associated to it. For this purpose, a so called Covid-EIF have been introduced already in March 202018, adapting the existing scheme according to a derogatory principle.

  • 19 Ibid., art. 19, §1.
  • 20 By Art. 69 Decree-Law no. 34/2020 converted into Act no. 77/2020: 9+5+4 weeks; Art. 1 Decree-Law no (...)
  • 21 Art. 19 § 2 Decree-Law no. 18/2020.
  • 22 Art. 68 § 1 lett. b) Decree-Law no. 34/2020, converted into Act no. 77/2020.

26Derogations have concerned, foremost, the duration that has followed the course of the emergency. In fact, the 9-weeks period originally provided19 has been extended several times 20. At the most difficult time, the legislator decided to suspend the information and consultation duty21. However, immediately after, it was reactivated in order to make the procedure more transparent22. Such a choice had as (un)intended consequence an increase of unions presence in undertakings that, till then, had avoided it.

  • 23 Art. 19 § 2 Decree-Law no. 18/2020.
  • 24 Art. 12 Decree-Law no. 104/2020, converted into Act no. 126/2020, as confirmed by Art. 12 Decree-La (...)
  • 25 Art. 19, § 9 Decree-Law no. 18/2020, as well as Art. 40 § 3 Decree-Law no. 72/2021.

27Legislator’s incertitude has also characterized the case of additional contribution to be paid by employers benefiting from Covid-EIF. Initially the payment has been excluded23, then it was reintroduced, although being made conditional upon the losses (excluded if they exceed 20% of the yearly turnover)24. This means that the costs of Covid-EIF are now entirely borne out of public expenditures, although within the annual budget limit as predetermined by the legislator and monitored by INPS25.

  • 26 Art. 40 Decree-Law no. 72/2021, not converted at the time of writing.

28Most recently, the legislator, as a confirmation of the relevance of EIF, has introduced a further scheme26, according to which undertakings whose revenue has been reduced by 50% in comparison to the first semester of 2019, on the ground of a collective agreement signed with the comparatively most representative trade unions reducing work in order to guarantee employment levels, in the post-emergency recovery phase, may apply for a derogatory extraordinary EIF for a maximum duration of 26 weeks within 31 December 2021.

  • 27 Art. 40, § 1 and 2, Decree-Law no. 72/2021.

29The average hourly reduction cannot exceed 80% of the daily, weekly or monthly working time of employees covered by the collective agreement and 90% for each employee for the duration of that agreement. In order to have access to such a derogatory scheme, the collective agreements shall specify the modalities in which the undertaking, in order to satisfy temporary increases of work, may augment the reduced working time within the maximum limit fixed by the legislation in force. A reduction of the integration grant will correspond to the increase of work. In any case, the integration will amount to 70% of the usual wage, without any cap, and include figurative contribution. As usual, an annual budget limit has been set and INPS monitoring has been provided27.

B - Extension of Unemployment Benefits

  • 28 Art. 92 Decree-Law no. 34/2020, converted into Act no. 77/2020 and Art. 5 Decree-Law no. 104/2020, (...)

30A further example of adaptation of already available social protection tools consists of the extension of unemployment benefits granted by NASpI (Nuova Assicurazione Sociale per l’Impiego) for subordinate workers and by DIS-COLL for autonomous coordinated workers, beyond the duration period usually provided by the legislator. Such an extension has been provided twice28.

  • 29 Art. 16 Decree-Law no. 41/2021, converted into Act no. 69/2021.
  • 30 Art. 3 § 1 lett. c) Legislative Decree no. 22 of 2015.
  • 31 Art. 38 Decree-Law no. 72/2021.

31Most recently29, the legislator has suspended the minimum seniority record in employment required in order to be entitled to the unemployment benefit30. Suspended as well is the 3% monthly reduction of that benefit from the fourth month of entitlement on31.

C - Fixed-term contract

  • 32 Art. 19-bis Decree-Law no. 18/2020, converted into Act no. 27/2020.
  • 33 Art. 93 Decree-Law no. 34/2020, converted into Act no. 77/2020, until 30 August 2020, then, each ti (...)

32Somehow different from the just mentioned examples of adaptation of already existing social protection tools is the possibility to extend or renew fixed-term contracts in force derogating the strict limits provided by the law. Such a possibility has been granted, at first, in favor of employers who benefited from any forms of EIF for the same duration of the latter32. Then, it has been extended without any linkage to EIF, to all employers33. In the same vein, the legislator has provided that the duration of apprenticeship contracts and fixed-term contracts, also within agency work regime, is extended for the whole period of suspension of work due to the emergency and that fixed-term agency work missions may exceed 24 months.

33The option in favor of derogating the strict duration limits imposed by the legislator to fixed-term contracts/missions in order to avoid any abuses is most reveling of the willingness to retain in employment as many workers as possible even by questioning consolidated principles in such an emergency situation.

D - Enhancement of Parental and Care leaves (baby-sitting bonuses)

  • 34 Art. 23 Decree-Law no. 18/2020, converted into Act no. 27/2020.
  • 35 Art. 72 Decree-Law no. 34/2020 converted into Act no. 77/2020.
  • 36 Art. 23 Decree-Law no. 18/2020.
  • 37 Art. 72 Decree-Law no. 34/2020.

34As last but not less important example of adapting already existing social protection tools to the emergency, also in the view of guaranteeing a sustainable work-life balance, the case of parental and care leaves has to be highlighted. In this event too, legislation is inspired to an incremental logic, that focuses on the extension of parental leaves, first to 1534, then to 3035 additional days, for each working parent (alternatively) of children under 12, subordinated or non-professional self-employed. Care for disability leaves too, have increased by 1236, plus 1237 additional days. For those additional days, a grant of 50% of wage is provided, instead of the 30% grant usually foreseen for ordinary parental leaves.

  • 38 Art. 23, § 8 Decree-Law no. 18/2020.
  • 39 Art. 72 Decree-Law no. 34/2020.
  • 40 Art. 13-terdecies Decree-Law no. 137/2020, converted into Act no. 176/2020.

35In alternative to leaves, the already mentioned working parents may benefit from baby-sitting bonuses the amount of which has been first fixed at 600 euros38, then increased to 1.200 euros39. A 1.000 euros baby-sitting bonus has been also recognized to working parents insured by special social security schemes (so called Gestione Separata) or without social security coverage whose children are involved in distance learning program40.

36Most recently, the baby-sitting bonuses legislation has been reframed and consolidated, so that people insured by the Gestione Separata, autonomous workers, people operating in the public security services, health care professionals as well as parents of children under 14, may apply for a weekly baby-sitting bonus up to 100 euros in case of suspension of « in presence » teaching/education as well as during infection or quarantine periods decided by the competent health authority wherever the contagion has occurred.

III - New tools of temporary nature

37Further to adapting already existing social protection tools to the emergency, the legislator has tried to countervail the social and economic crisis attached to the Pandemic by introducing new instruments of temporary nature. First, they refer to subordinate work, such as dismissal prohibition, « fragile workers » protection, contribution relives and the so-called re-employment contract. Second, they take care of specific professional categories that do not benefit from ordinary employment retention schemes, such as EIF. Third, they consist of income support schemes of emergency kind. Fourth, they provide non-repayable grants or tax credits in favor of VAT number holders. The adoption of such a variety of instruments proves and illustrates the comprehensive legislator’s approach toward needs that goes far beyond the traditional one, usually restrained to employees, and covers autonomous workers and business, with an eye to badly-off families.

A - Dismissal Prohibition

38Actually, dismissal prohibition for economic grounds is not an unprecedented measure for Italy. It had been already introduced, by way of interbranch agreement, after World War II. This time, however, the legislator has decided to intervene directly, without leaving any margin of maneuver to the Social Partners. This has produced a wide discontent in the employers’ side. Honestly, such discontent does not seem to be justified, since dismissal prohibition is limited to economic grounds and applies to employers who decide not to profit from the Covid-EIF, which constitutes a viable alternative to dismissal. Indeed, the prohibition does not refer to dismissal grounded on misconduct either, thus reducing in a consistent manner its objective field of application.

  • 41 Art. 46 Decree-Law no. 18/2020, converted into Act no. 27/2020.
  • 42 Art. 80 Decree-law no. 34/2020, converted into Act no. 77/2020.
  • 43 Art. 12 Decree-Law no. 137/2020; Act no. 176/2020.
  • 44 Art. 8 Decree-Law no. 41/2021, converted into Act no. 69/2021.
  • 45 Art. 8, § 10 Decree-Law no. 41/2021, converted into Act no. 69/2021.

39Also in this case, legislation has followed an incremental logic, since the prohibition has been first decided just for 60 days41, extended to 5 months42, then provided until 31 January 202143, then until 30 June 202144, then again until 31 October 2021 but only for employer who benefit from EIF in derogation and for farmers who benefit from EIF in agriculture45.

  • 46 Art. 80 Decree-Law no. 34/2020, converted into Act no. 77/2020.
  • 47 Art. 14 Decree-Law no. 104/2020, converted into Act no. 126/2020.
  • 48 Art. 40 § 4-5 Decree-Law no. 72/2021.

40Meanwhile, the legislator has provided the possibility for the employer to revoke already decided dismissals in derogation to time limits in force46; it has specified that the prohibition applies to employers who did not made whole use of Covid-EIF, or contribution relieves, with the exception of the definitive termination of the activity47; it has extended the prohibition to employers benefiting from Ordinary EIF48, which means not directly linked to the emergency (CODID-EIF).

B - Fragile workers protection

41The emergency has emphasized the need for protection of psychophysically vulnerable workers such as severely disable and immunodepressed people, now classified as « fragile » because of the further danger and risk situations added by the Pandemic. The heterogeneity of people included is the main feature and, at the same time, the major problem of that notion.

  • 49 Art. 26 § 1 Decree-Law no. 18/2020, converted into Act no. 27/2020.
  • 50 Art. 39 § 1 Decree-Law no. 18/2020.
  • 51 Art. 39 § 2 Decree-Law no. 18/2020.
  • 52 Art. 83 Decree-Law no. 34/2020, converted into Act no. 77/2020.

42A set of support measures has been introduced by the legislator according to the well-known incremental logic, starting from the equation of absence from work periods to hospitalization49, passing to the right to agile working (if compatible with the nature of the tasks performed) for disabled workers or workers responsible for disabled people in their household50, to the priority in the eligibility to agile working for people affected by severe and ascertain pathologies and reduced work capacity51, to the enhanced sanitary surveillance on workers at higher risk of contagion due to their age and their health conditions, accompanied by the prohibition of dismissal in case they are declared unfit to work by consequence of that surveillance52.

  • 53 Art. 26 Decree-Law no. 104/2020, converted into Act no. 126/2020 as extended to 30 June 2021 by Art (...)
  • 54 Art. 15 Decree-Law no. 41/2021.

43Most recently, the legislator has reframed and consolidated such an unsystematic set of rules by providing that « fragile workers », severely disabled included, shall perform, in principle, their activity as agile working, even assigned to a different task within their professional category, as defined by collective agreements in force, or by attending specific training activities, on-line if needed53. Furthermore, « fragile workers » absence from work periods linked to the emergency cannot be considered for the calculation of the maximum absence period for illness54.

C - Contribution Relieves and the Re-employment contract

  • 55 Art. 6 Decree-Law no. 104/2020, converted into Act no. 126/2020.
  • 56 Art. 7 Decree-Law no. 104/2020, then Act no. 126/2020.

44Contribution relieves are well-known to the Italian legislator who has made wide use of them also before the emergency. Therefore, it is no surprise that they have been specifically addressed to employers that, despite the economic crisis are willing to increase their workforce. This is, once again, a case of patchwork legislation, dispersed in various provisions. A first, total relief for 6 months up to 8.000 euros, without prejudice of occupational accidents and industrial diseases contribution, has been provided in case of new hiring on an open-ended basis within 31 December 2020. It applied also in case of transformation from fixed-term into open-ended55. A further total contributive relief for 3 months, without prejudice of occupational accidents and industrial diseases contribution, has been granted in case of fixed-term or seasonal new hiring in tourism and spa sector56.

  • 57 Art. 41 Decree-Law no. 72/2021.

45Linked to the recovery phase after the emergency is the possibility provided most recently57 by the legislator to conclude, from 1 July to 31 October 2021, open-ended re-employment contracts aimed at favoring the integration into the labour market of unemployed people. The re-employment contract shall be in written ad probationem. In order to conclude the contract, a six-month individual integration project has to be agreed between the employer and the unemployed, with a view to guarantee the adaptation of unemployed professional skills to the post-emergency work environment. Dismissal law applies during the project period. At the end of the project the parties are free to terminate the contract according to Art. 2118 civil code with a notice as from that date. During the notice period the provisions on the re-employment contract keep on applying. If none of the parties terminate the re-employment contract, the employment relationship continues as such.

46Employers who signed unemployed under a re-employment contract are relieved from social insurance contribution (occupational injuries and industrial disease excluded) for the whole duration of the project, within the maximum amount of 6.000 euros. In order to benefit from the contribution relief, employers shall not have declared individual or collective dismissals on economic grounds in the same productive unit within the previous six months. If, during the project period or the six months after its conclusion, the worker hired within the re-employment contract or any other worker employed in the same productive unit and classified in the same level and legal category are dismissed, individually or collectively, on economic grounds, the relief will be withdrawn, and the amount of the benefit recovered by the social security institution. Budget limits are provided both for 2021 and 2022 as well as the monitoring of INPS.

  • 58 Art. 3 Decree-Law no. 104/2020, converted into Act no. 126/2020.
  • 59 Art. 12 § 14 Decree-Law no. 137/2020, converted into Act no. 176/2020.

47Last but not less importantly, contributive relieves have been provided by the legislator as alternative to Covid-EIF in favor of employers who, having benefited in a first phase, renounce to it in exchange of a reduction of indirect labour costs. Such an alternative has been granted for four months58, the extended to 4 more weeks to be enjoyed within 31 January 202159.

D - Grants in Favor of Various Professional Categories

48Absolutely unprecedented is the set of measures adopted by the legislator from the very beginning of the emergency in favor of various and heterogeneous professional categories severely affected by the crisis unleashed by the public health interventions that have suspended business activities deemed to be at high risk of contagion. On the other hand, the long list of professional categories is quite symptomatic and revelatory of the reduced scope of application of the existing social protection system, from which so many economically active people are excluded. Besides, as we will highlighted, certain professional categories have been supported without the continuity granted to others, thus producing differentiations hard to justify.

  • 60 Decree-Law no. 18/2020, converted into Act no. 27/2020.

49Already in March 202060, some professional categories have been entitled to a one month 600-euros grant. These are:

  • Professionals VAT number holders and autonomous coordinated non-professionals insured under the Gestione Separata INPS (Art. 27);

  • Autonomous non-professionals insured by special schemes of general mandatory social insurance (Art. 28);

  • Seasonal Spa and tourism workers who involuntarily terminate their employment relationship between 1 January 2019 and 17 March 2020 (Art. 29);

  • Fixed-term blue collar workers in agriculture (Art. 30);

  • Workers in the entertainment business (Art. 38);

  • Workers in the sport sector (Art. 96).

  • 61 Art. 75 Decree-Law no. 34/2020, converted into Act no. 77/2020.
  • 62 Art. 84 § 13 Decree-Law no. 34/2020, converted into Act no. 77/2020.

50The grant, provided within predetermined budget limits monitored by INPS, is irrelevant for taxation purposes and not cumulative with any other social security benefits, but the invalidity benefit61 and the Citizenship Income (see below) in case of lower amount62. The grant has been extended to April 2020 and May 2020 (1.000 euros) for Professionals VAT number holders and autonomous coordinated non-professionals insured under the Gestione Separata INPS.

  • 63 Agency workers included: Art. 84 § 5 Decree-Law no. 34/2020, converted into Act no. 77/2020.
  • 64 Art. 9 § 1 Decree-Law no. 104/2020, converted into Act no. 126/2020 adds a lump-sum of 1000 euros; (...)
  • 65 Art. 10 § 10 Decree-Law no. 41/2021, converted into Act no. 69/2021: 3.600, 2.400 or 1.200-euros gr (...)
  • 66 Art. 69 Decree-Law no. 72/2021.

51With successive interventions, the legislator has recognized to Seasonal Spa and Tourism workers63, further grants and/or lump-sums of different amounts, without any specific rationales64. The same has happened to Workers in the entertainment business and to Workers in the sport sector, even if, for the latter, staring from 2021, the amount of the grants has been staggered according to their revenue in fiscal year 201965. On the contrary, probably because of the restart of the activities already in April 2020, Fixed-term blue collar workers in agriculture with at least 50 days of work in 2020 have been granted merely an 800-euros lump-sum66.

  • 67 Art. 84, § 8 Decree-Law no. 34/2020 converted into Act no. 77/2020.

52A second group of professional categories have benefited from state financial support staring from May 202067 in the form of grants and lump-sums of the same kind already described in the above (irrelevant for tax purposes; not cumulative but with the invalidity benefit and the Citizenship income in case of lower amount of the latter; annual budget limit with INPS monitoring).

53These are:

  • Seasonal workers of all branches;

  • On-call workers who performed at least 30 days between 1 January 2019 and 31 January 2020;

  • Autonomous workers without VAT number not insured under any mandatory social security schemes who were part of casual autonomous work contracts between 1 January 2019 and 23 February 2020;

  • Home sellers VAT number holders insured under the Gestione Separata INPS, with an income above 5.000 euros in 2019.

54Further professional categories, as heterogeneous as the former, have been supported, over the months, by several legislative provisions, such as:

    • 68 Art. 85 Decree-Law no. 34/2020, converted into Act no. 77/2020.

    Domestic workers not cohabitating, performing at least 10 hours weekly68;

    • 69 Art. 10 Decree-Law no. 104/2020, converted into Act no. 126/2020.

    Maritime workers who involuntarily terminate their employment relationship between 1 January 2019 and 17 March 2020 and had at least 30 days performed during that period69;

    • 70 Art. 15 § 5 Decree-Law no. 137/2020, converted into Act no. 176/2020.

    Fixed-term workers in the tourism and spa sector who in 2018 and 2019 have worked for more than 30 days per year70;

    • 71 Art. 69 Decree-Law no. 72/2021.

    Professional autonomous fishermen without any other social insurance coverages but the Gestione separata71.

55Domestic workers and Maritime workers have been supported, at a very low amount (500 and 600 respectively) only for two months (April-May and June-July, respectively). Fixed-term workers in the tourism and spa sector fared better, having received grants and lump-sums between 1.600 and 2.400 euros per month. Professional autonomous fishermen without any other social insurance coverages have been taken into consideration for the first time in May 2021 by receiving a 950-euros lump-sum grant.

E - Income Support Schemes

56Recently, the Italian Legislator has started introducing in the social security system means tested anti-poverty schemes, financed out of public expenditures, addressed to families in needs such as, in 2017, the Inclusion Income (Reddito di Inclusione), as substituted in 2019 by the Citizenship Income (Reddito di Cittadinanza). The latter, however, aims at activating the beneficiaries on the labour market, providing, meanwhile, income support made conditional upon beneficiaries’ availability to accept a suitable job offer as proposed by the Employment Services.

  • 72 Art. 40 Decree-Law no. 18/2020, converted into Act no. 27/2020, as confirmed by Art. 76 Decree-Law (...)
  • 73 Article 44, as modified by article 78 of Decree-Law no. 34 of 2020 and by article 13 Decree-Law no. (...)

57As a first effect, the emergency has made highly problematic the functioning of activation policies, to the point that the legislator has decided the suspension of conditionality measures necessary to obtain the Citizenship Income, without prejudice of professional training program72. The state of need brought about by the emergency has highlighted the necessity of income support specifically oriented schemes, above all for self-employed operating as service providers. Within Decree-Law no. 18 of 2020, the Legislator has tried to approach the problem in a comprehensive way, by introducing the Last Resort Income - LRI73. In fact, the LRI Fund, established by INPS (the National Social Security Institute) should provide a flat rate grant to employees and self-employed who, by consequence of the emergency, have ceased, reduced or suspended their activities or work relationships. The Legislator has delegated to an inter-ministerial decree (Social Affairs and Finance) the definition of the entitlement conditions. The result has been a focus on professionals like barristers, accountants, engineers, architects etc., on the condition that they are not in an employment relationship, not already entitled to a pension and insured by their relevant professional fund. The monthly grant, at first set at 600 euros, amounts now to 1.000 euros.

58As for the self-employed, they refer to: a) professionals self-employed with VAT number, not insured by their relevant professional fund, not already entitled to a pension; b) self-employed without VAT number, who have been part of occasional self-employed contracts between 1 January 2019 and 23 February 2020; c) coordinated self-employed, insured by the relevant INPS fund, not already entitled to a pension; d) coordinated self-employed in the sport sector, insured by the relevant INPS fund; e) self-employed insured by the INPS General Mandatory Scheme, not already entitled to a pension; f) itinerant traders, hawkers and peddlers, with VAT number and a 2019 income that exceeds 5.000 euros.

59As for the employee, they refer to: a) seasonal workers; b) fixed-term farm workers; c) workers in the entertainment business; d) on-call workers who have been employed at least 30 days between 1 January 2019 and 31 January 2020; e) domestic workers, employed for more than 10 hours per week; f) seafarers. Grants range from a minimum of 500 euros for domestic workers to a maximum of 1.000 euros for self-employed. They are provided on a monthly basis by the several decree-laws adopted during the emergency. In principle, they are not cumulable with other grants the beneficiary could be entitled to, unless the latter is of a higher amount than the former. In that case, the more generous grant will be awarded.

60Grants are awarded by INPS on beneficiaries’ request, within the resources made available by the Legislator in each decree-law. As usual, INPS is in charge of the monitoring of the respect of the budget and inform the Ministries of Social Affairs and Finance. In case the monitoring shows that grants are likely to go over the budget, payments shall be immediately stopped.

  • 74 Article 82 Decree-Law no. 34/2020 as supplemented by article 23 of Decree-Law no. 104/2020 and by a (...)

61A second, although not less important target group, are families in need because of the emergency that may receive the Emergency Income (EI)74. Unlike the Citizenship Income, EI is a purely income support measure, which is not made conditional upon the activation of the beneficiaries on the labour market. On the other hand, having the legislator suspended any conditionalities on the award of the same Citizenship Income, the differences between EI and the Citizenship Income are blurred.

62To be entitled to EI families must fulfil, at the time of the application, the following requirements: a) residence in Italy, verified with reference to the member of the family who applies; b) a family income, as defined by the law, that, as for April 2020, does not exceed 8.400 euros; c) a family movable property, as defined by the law, that does not exceeds 10.000 euros, increased by 5.000 for each member further to the applicant, up to a maximum of 20.000 euros or to 25.000 in case of presence within the family of a severely disable or a care dependent person; d) an economic situation index (ISEE) below 15.000 euros.

63The entitlement to EI is not compatible with the presence within the family of members who are: a) entitled to one of the grants mentioned in the above or to the LRI; b) entitled to a direct or a survivor pension, there excluded the invalidity grant; c) employed with a monthly wage that exceeds 840 euros; d) entitled to the Citizenship Income or a Citizenship Pension.

64People under detention, for the whole duration of the condemnation, long term hospitalized people as well as people living in a public funded retirement home are not entitled to EI. In case one of the family members finds him or herself in one of the mentioned conditions, he or she shall not be taken into consideration when verifying the EI entitlement requirements. INPS shall check the fulfilment of the entitlement requirements as well as of the award of the EI grant. This amounts to a maximum of 840 euros per month.

65As it happens with the grants mentioned in the above, EI grants are awarded by INPS on beneficiaries’ request, within the resources made available by the Legislator in each decree-law. INPS is in charge of the monitoring of the respect of the budget and inform the Ministries of Social Affairs and Finance. In case the monitoring shows that grants are likely to go over the budget, payments shall be immediately stopped. The coincidence between the monthly family income required as entitlement condition and the amount of the EI grant (840 euros) shows that EI is targeted on low-income family hardly above the poverty threshold.

F - Non-repayable grants or tax credits in favor of VAT number holders

  • 75 Art. 25 §1 Decree-Law no. 34/2020, converted into Act no. 77/2020.

66In order to tackle the emergency with reference to business activities in crisis, the Legislator, since May 2020, has adopted a set of measures based on non-repayable grants and/or tax credits (so called ristori or sostegni). Measures are mainly addressed to VAT number holders, as physical or legal persons. The amount of the grant or tax credit is usually calculated as a percentage of the reduction of turnover or compensation according to their volume75, and ranges between a minimum and maximum fixed by the law.

67Grants are irrelevant for taxation purposes. Sometimes they are targeted at specific business sector, most severely hit by the crisis, such as leisure and entertainment, food, catering and restaurants services, show business.

  • 76 Art. 64 Decree-Law no. 18/2020.
  • 77 Art. 120 Decree-Law no. 34/2020.
  • 78 Art. 32 Decree-Law no. 72/2021.

68What seems to be important to underline is the fact that tax credits have been recognized not only as alternative to non-repayable grants but also with the specific purpose of stimulating investments in the health and safety area. This is the case, for instance, of the tax credit76, of the workplace adjustment to the conditions required by the containment of Covid-19 up to 80.000 euros tax credit77, or of the sanification and purchase of Individual Personal Protection Equipment 60.000-euros tax credit78.

Conclusion

69Two short conclusions may be drawn from the analysis carried out in the above.

70First, the already existing social protection tools, above all those one related to employment retention in favor of subordinated workers, have proved to be adaptable to the emergency.

71Second, the adoption of new social protection tools has highlighted the weaknesses of the existing system with regard to sector in which seasonal and occasional work or self-employment prevail, thus emphasizing the need for specific interventions in these fields aside from the emergency.

72However, both adapted « old » and brand « new » social protection tools have been effective, at least to a certain extent, because of the tremendous amount of money put in them by the Government. Something that has been only made possible by the loosening of EU budget constraints.

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Notes

1 Decree-Law no. 6/2020, converted into Act no. 13/2020.

2 Act no. 81/2017.

3 Ibid., art. 18.

4 Prime Minister Decree 23 February 2020, Art. 3; Prime Minister Decree 25 February 2020, Art. 2; Prime Minister Decree 1 March 2020, Art. 4; Prime Minister Decree 9 March 2020, Art. 1.

5 Prime Minister Decree 11 March 2020, Art. 1, §6.

6 Art. 87 Decree-Law no. 18/2020 converted into Act no. 27/2020.

7 Art. 26 Decree-Law no. 104/2020, converted into Act no. 126/2020.

8 Art. 90 Decree-Law no. 34/2020, converted into Act no. 77/2020.

9 Art. 21-bis Decree-Law no. 104/2020 converted into Act no. 126/2020.

10 Art. 22-bis Decree-Law no. 137/2020, converted into Act no. 176/2020.

11 Art. 2 Decree-Law no. 30/2021, converted into Act no. 61/2021.

12 Prime Minister Decree 22 March 2020, art. 1, § 1, no. 3.

13 Prime Minister Decree 26 April 2020, art. 2, § 6; Prime Minister Decree 13 October 2020, art. 2; Prime Minister Decree 24 October 2020, art. 2; Prime Minister Decree 3 November 2020, art. 4; Prime Minister Decree 2 March 2021, art. 4.

14 Art. 29-bis Decree-Law no. 22/2020, converted into Act no. 41/2020.

15 Art. 42, § 2 Decree-Law no. 18/2020, converted into Act no. 27/2020.

16 Art. 1, § 457, Act no. 178/2020.

17 Art. 4 Decree-Law no. 44/2021, converted into Act no. 76/2021.

18 Art. 19 Decree-Law no. 18/2020, converted into Act no. 27/2020.

19 Ibid., art. 19, §1.

20 By Art. 69 Decree-Law no. 34/2020 converted into Act no. 77/2020: 9+5+4 weeks; Art. 1 Decree-Law no. 104/2020, converted into Act no. 126/2020: +9 weeks; Art. 12 Decree-Law no. 137/2020 converted into Act no. 176/2020: +6 weeks; Art. 8 Decree-Law no. 41/2021 converted into Act no. 69/2021: +13 weeks between 1 April and 30 June 2021, + 28 weeks between 30 June and 31 December 2021.

21 Art. 19 § 2 Decree-Law no. 18/2020.

22 Art. 68 § 1 lett. b) Decree-Law no. 34/2020, converted into Act no. 77/2020.

23 Art. 19 § 2 Decree-Law no. 18/2020.

24 Art. 12 Decree-Law no. 104/2020, converted into Act no. 126/2020, as confirmed by Art. 12 Decree-Law no. 104/2020, converted into Act no. 126/2020); then excluded again (Art. 8 Decree-Law no. 41/2021, converted into Act no. 69/2021).

25 Art. 19, § 9 Decree-Law no. 18/2020, as well as Art. 40 § 3 Decree-Law no. 72/2021.

26 Art. 40 Decree-Law no. 72/2021, not converted at the time of writing.

27 Art. 40, § 1 and 2, Decree-Law no. 72/2021.

28 Art. 92 Decree-Law no. 34/2020, converted into Act no. 77/2020 and Art. 5 Decree-Law no. 104/2020, converted into Act no. 126/2020.

29 Art. 16 Decree-Law no. 41/2021, converted into Act no. 69/2021.

30 Art. 3 § 1 lett. c) Legislative Decree no. 22 of 2015.

31 Art. 38 Decree-Law no. 72/2021.

32 Art. 19-bis Decree-Law no. 18/2020, converted into Act no. 27/2020.

33 Art. 93 Decree-Law no. 34/2020, converted into Act no. 77/2020, until 30 August 2020, then, each time for further 12 months: Art. 8 Decree-Law no. 104/2020, converted into Act no. 126/2020, and Art. 17 Decree-Law no. 41/2021, converted into Act no. 69/2021.

34 Art. 23 Decree-Law no. 18/2020, converted into Act no. 27/2020.

35 Art. 72 Decree-Law no. 34/2020 converted into Act no. 77/2020.

36 Art. 23 Decree-Law no. 18/2020.

37 Art. 72 Decree-Law no. 34/2020.

38 Art. 23, § 8 Decree-Law no. 18/2020.

39 Art. 72 Decree-Law no. 34/2020.

40 Art. 13-terdecies Decree-Law no. 137/2020, converted into Act no. 176/2020.

41 Art. 46 Decree-Law no. 18/2020, converted into Act no. 27/2020.

42 Art. 80 Decree-law no. 34/2020, converted into Act no. 77/2020.

43 Art. 12 Decree-Law no. 137/2020; Act no. 176/2020.

44 Art. 8 Decree-Law no. 41/2021, converted into Act no. 69/2021.

45 Art. 8, § 10 Decree-Law no. 41/2021, converted into Act no. 69/2021.

46 Art. 80 Decree-Law no. 34/2020, converted into Act no. 77/2020.

47 Art. 14 Decree-Law no. 104/2020, converted into Act no. 126/2020.

48 Art. 40 § 4-5 Decree-Law no. 72/2021.

49 Art. 26 § 1 Decree-Law no. 18/2020, converted into Act no. 27/2020.

50 Art. 39 § 1 Decree-Law no. 18/2020.

51 Art. 39 § 2 Decree-Law no. 18/2020.

52 Art. 83 Decree-Law no. 34/2020, converted into Act no. 77/2020.

53 Art. 26 Decree-Law no. 104/2020, converted into Act no. 126/2020 as extended to 30 June 2021 by Art. 15 Decree-Law no. 41/2021, converted into Act no. 69/2021.

54 Art. 15 Decree-Law no. 41/2021.

55 Art. 6 Decree-Law no. 104/2020, converted into Act no. 126/2020.

56 Art. 7 Decree-Law no. 104/2020, then Act no. 126/2020.

57 Art. 41 Decree-Law no. 72/2021.

58 Art. 3 Decree-Law no. 104/2020, converted into Act no. 126/2020.

59 Art. 12 § 14 Decree-Law no. 137/2020, converted into Act no. 176/2020.

60 Decree-Law no. 18/2020, converted into Act no. 27/2020.

61 Art. 75 Decree-Law no. 34/2020, converted into Act no. 77/2020.

62 Art. 84 § 13 Decree-Law no. 34/2020, converted into Act no. 77/2020.

63 Agency workers included: Art. 84 § 5 Decree-Law no. 34/2020, converted into Act no. 77/2020.

64 Art. 9 § 1 Decree-Law no. 104/2020, converted into Act no. 126/2020 adds a lump-sum of 1000 euros; Art. 15 Decree-Law no. 137/2020, then Act no. 176/2020 adds a 1000-euros lump sum + 1000-euros grant; Art. 15-bis Decree-Law no. 137/2020 adds a 1000-euros lump-sum; Art. 10 § 1 Decree-Law no. 41/2021, converted into then Act no. 69/2021 adds a 2.400-euros lump sum; Art. 10 § 2 Decree-Law no. 41/2021 adds a 2.400-euros grant; Art. 42 § 1 Decree-Law no. 72/2021 adds a 1.600-euros lump-sum. Art. 42 § 2 Decree-Law no. 72/2021 adds a 1.600-euros grant.

65 Art. 10 § 10 Decree-Law no. 41/2021, converted into Act no. 69/2021: 3.600, 2.400 or 1.200-euros grant; Art. 44 Decree-Law no. 72/2021: 2.400, 1.600 or 800-euros grant.

66 Art. 69 Decree-Law no. 72/2021.

67 Art. 84, § 8 Decree-Law no. 34/2020 converted into Act no. 77/2020.

68 Art. 85 Decree-Law no. 34/2020, converted into Act no. 77/2020.

69 Art. 10 Decree-Law no. 104/2020, converted into Act no. 126/2020.

70 Art. 15 § 5 Decree-Law no. 137/2020, converted into Act no. 176/2020.

71 Art. 69 Decree-Law no. 72/2021.

72 Art. 40 Decree-Law no. 18/2020, converted into Act no. 27/2020, as confirmed by Art. 76 Decree-Law no. 34/2020, converted into Act no. 77/2020.

73 Article 44, as modified by article 78 of Decree-Law no. 34 of 2020 and by article 13 Decree-Law no. 104 of 2020.

74 Article 82 Decree-Law no. 34/2020 as supplemented by article 23 of Decree-Law no. 104/2020 and by article 14 Decree-Law no. 137/2020.

75 Art. 25 §1 Decree-Law no. 34/2020, converted into Act no. 77/2020.

76 Art. 64 Decree-Law no. 18/2020.

77 Art. 120 Decree-Law no. 34/2020.

78 Art. 32 Decree-Law no. 72/2021.

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Pour citer cet article

Référence papier

Edoardo Ales, « Social protection in Italy during the pandemic: A comprehensive and adaptive approach in the sign of continuity »Revue de droit comparé du travail et de la sécurité sociale, 4 | 2021, 116-131.

Référence électronique

Edoardo Ales, « Social protection in Italy during the pandemic: A comprehensive and adaptive approach in the sign of continuity »Revue de droit comparé du travail et de la sécurité sociale [En ligne], 4 | 2021, mis en ligne le 31 décembre 2022, consulté le 29 mars 2024. URL : http://journals.openedition.org/rdctss/2676 ; DOI : https://doi.org/10.4000/rdctss.2676

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Auteur

Edoardo Ales

Professor, University of Naples « Parthenope ».
Research topics : Individual and Collective Labour Law, Social Security, Industrial Relations.

Publications :
~ E. Ales, « Is the Classification of Work Relationships Still a Relevant Issue for Social Security? An Italian Point of View in the Era of Platform Work », in U. Becker, O. Chesalina (eds.), Social Law 4.0. New Approaches for Ensuring and Financing Social Security in the Digital Age, Baden-Baden, Nomos, 2020, p. 97.
~ E. Ales, « Adapting Labour Law to ‘Digital’ Work: Between Scholarly Interpretation, Case Law and Legislative Intervention », in A. Perulli, T. Treu (eds.), The Future of Work: Labour Law and Labour Market Regulation in the Digital Era, Wolters Kluwer International, 2020, p. 225.

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