Gastronomy Law

certain days. The first system is the intermittent relationship, in accordance with Article 13 of Legislative Decree No. 81 of 2015, “whereby a worker places him at the disposal of an employer who may use his services in a discontinuous or intermittent manner according to the needs identified by collective agreements, also with reference to the option of performing the services in predetermined periods of the week, month or year”. This kind of relationship is typical of the hospitality industry, and allows for the use of additional labour in certain circumstances, calling on personnel who, for the most part, are engaged in or seek a variety of professional collaborations and want to supplement their income. In contrast, Article 19 of Decree No. 81 of 2015 covers fixed - term relationships of less than twelve days’ duration, without the need for the agreement to be in writing. III. ACQUIRING SKILLS FOR GASTRONOMY AND TRAINING APPRENTICESHIPS In high - end gastronomic enterprises which possess sophisticated knowledge and the ability to use innovative food making and service preparation techniques, it is common for workers to be interested in learning, even without receiving payment, as long as they acquire specialised skills they can put to use at a later date in their establishments, or offer on the work market. The system most frequently adopted is the apprenticeship for vocational training. The arrangement is often entered into freely by the parties concerned. In return for refunding any expenses incurred or a symbolic payment, the young person acquires skills that, in the view of high - level gastronomy connoisseurs, can only be mastered by joining the organisation and doing hands - on work. However, “apprenticeship training is similar to vocational courses in companies, as it does not lead to an employment relationship, unless the training obligation has been breached” (see Trib. Trapani 20 March 2009, in Giur. it. rep., 2009), but this is unlikely to be the case in the more upscale restaurant industry, where working in high - end establishments with expensive ingredients and wines is in itself a reason to complete the professional experience, which at best involves observing the work of senior staff members (see Trib. Milan 23 October 1999, in Lav. giur., 2000, 168). If “the apprenticeship (…) conforms with the contract and the training requirements have been fulfilled, no working relationship arises, be it subordinate or autonomous” (see Trib. Turin 1st June 2000, in Giur. piem., 205 HOSPITALITY BUSINESSES, GASTRONOMY AND LABOUR RELATIONS

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