Enrico Gragnoli work almost inevitably involves intellectual service contracts which consist of providing a service without subordination and without an entrepreneurial organisation. As can be seen, “an essential and decisive element of subordinate employment, and one in which it differs from autonomous freelance work, is the link of subordination, whereby the worker is subject to managerial, organisational and disciplinary power, which manifests itself in the provision of specific orders and close supervision. The other aspects of the activity, such as its continuity, its ability to meet the goals of the business, the means of payment, the absence of risk and the observance of working hours, are not decisive as, up to a certain point, they are compatible with both subordinate employment and freelance, autonomous working relationships”13. The analysis gets to the core of article 2094 of the Civil Code and highlights the nature of subordinate employment as an expression of authority which is renewed, within the limits of compliance with laws for protecting workers, adapts it to the company’s objective and, in adapting it, ensures it fulfils the company’s interests. When viewed in terms of authority, subordination involves the exercise of power, and provides far greater scope for the employer’s initiative as it is prolonged in time and allows the employment relationship to be adapted to new circumstances. It is no coincidence that the same topic arises in relation to partners, because, “in partnerships, a subordinate relationship can be adopted as long as two conditions apply, namely that the working relationship provided does not overlap with an appointment awarded by the contract and that the partner provides his or her working activities under the hierarchical control of another who is equipped with higher powers”14. Identical conclusions are drawn when work requiring particular qualification and so - called reduced subordination are in question, as, “for the purposes of the managerial work, in which the worker enjoys considerable autonomy and the managerial power does not manifest itself in continuous orders and checks of a pervasive nature, but instead in the provision of broad programmatic indications suited to the discretional nature of the tasks concerned, the court must assess, as a defining requisite of the working service provided, whether its functional coordination with the goals of the organisation is such that it meets the main characteristics of technical and juridical subordination”15 and namely the exercise of powers. 13 See App. Bologna 15 May 2008, in Giur. it. rep., 2008. 14 See Cass. 21 giugno 2010, n. 14906, in Giur. it. rep., 2010. 15 See Cass. 15 maggio 2012, n. 7517, in Giur. it. rep., 2012.
RkJQdWJsaXNoZXIy MTE4NzM5Nw==