Collaborazioni etero-organizzate e libertà nel lavoro. Le implicazioni della distinzione tra fase genetica e fase esecutiva del rapporto in una recente pronuncia di merito

Hetero-organized collaborations and freedom in employment relationships. The implications of the distinction between the genetic phase and the executive phase of the employment relationship in a recent first instance judgment. The article underlines the importance of the latest developments within jurisprudence in the context of labour relationships mediated by digital platforms. The litigation involving gig workers serves as a useful testing ground to assess the scope and effects of certain legislative innovations (notably those set out in Article 2, paragraph 1, Legislative Decree no. 81/2015, as amended by Law no. 128/2019, and Article 1, paragraphs 233-238, Law no. 234/2021) which have helped to redefine the boundaries of labour law. The Author dwells on the distinction between the genetic phase and the executive phase of the hetero-organized collaboration relationship, adopted by the Court of Milan in its judgment of 19 October 2023, underlining its implications: in terms of the qualification of the relationship, continuity and applicable discipline. On this basis, we observe that the Italian legal system, enriched by the new figure, is now closer to the original constitutional framework that provides protection in all subjective situations of inferiority, weakness and inequality