Gastronomy Law

with Article 2 of legislative decree no. 81 of 2015 (see Magnani, La riforma dei contratti e del mercato del lavoro nel cosiddetto jobs act. Il codice dei contratti, in Dir. rel. ind., 2015, 971 ff.). One can agree on the need to introduce certain measures to support the identification of subordinate employment, as intended with the introduction of Article 2 of Decree No. 81 of 2015. In fact, according to a scholar closely aligned with the lawmakers, “the extension of employment law protection to cover employer - led collaborations is (...) the response (...) to the issue of the contractual weakness of persons working for the business who lack real autonomy”, so that “the idea of creating a tertium genus of financially dependent workers, positioned between subordinate and self - employed work, has been cast aside” (see Del Conte, Premesse e prospettiva del jobs act, in Dir. rel. ind., 2015, 939 ff.). In fact, the employment conditions of food delivery riders have been deemed to be of a subordinate nature, and are actually governed by a surprising regulatory intervention in the form of Law Decree no. 101 of 2019, converted with amendments by Law no. 128 of 2019. In any case, the issue lies beyond the bounds of gastronomy as a concept, because it pertains to large - scale hospitality and in particular to delivering meals or food to the home, not their preparation (see Ghera, Intervento, in Aa. Vv., Colloqui giuridici sul lavoro. Il lavoro parasubordinato organizzato dal committente, a cura di Vallebona, Milan, 2015, 50 ff.). II. SELF - EMPLOYMENT AND SUBORDINATE WORKING RELATIONS IN THE HOSPITALITY INDUSTRY Workers who are involved in gastronomy - related initiatives may be employees or freelancers, depending on the organisational agreements reached with the companies they work with. Whilst subordinate employment contracts are typical and are governed by extensive heteronomous regulation, in no way comparable with that of any other type of agreement in Italian law, due to its complexity, wide - ranging nature and scope in terms of contractual freedom, not least in terms of social security, welfare and taxation, the same cannot be said of autonomous freelance work. The latter is in fact a concept which does not identify any one kind of agreement, but is instead an expression that covers different institutions with various purposes. As is inevitable, this arises if the freelance agreement includes the models of appointment, agency and mediation, along with the many other kinds that might apply, so that the contract for 203 HOSPITALITY BUSINESSES, GASTRONOMY AND LABOUR RELATIONS

RkJQdWJsaXNoZXIy MTE4NzM5Nw==