Enrico Gragnoli vel benevolentiae causa”1 (namely work rendered out of a spirit of solidarity or gratitude). Indeed, “in the case of discontinuous and occasional services provided by a person who cohabits with a group of family members, with whom he or she shares a life and interests, the assumption of gratuity applies. If the services are also provided on a fragmented, sporadic basis, without obligations in terms of presence and working hours, subordinate employment grounds shall not apply”2. The problem lies in the possibility of identifying professional relationships after the fact, when they originally came about based on the spontaneous voluntary participation in the activities of others. An example of this is where a traveller who wishes to take part in the grape harvest or wine - making process engages in the activities for recreational purposes; if a tourist fulfils activities without asking for and accordingly obtaining any remuneration, his or her collaboration is not professional, because it would be incompatible with his or her behaviour. Failure to request payment is always deemed to be a clear indicator of the desire to perform a task on a non - professional basis. In this field no employment contracts are concluded in initiatives resulting from spontaneous decisions and free participation, regardless of whether the work is carried out in the domestic environment, or for a business or organisations of an economic nature, as is often the case, such as for a farm business and, in particular, a winery. The behaviour is the primary indicator of the nature of the activity3, as decisions taken with awareness bind the person taking them in an objective and definitive manner4. Those performing a task without asking for any remuneration do so not out of distraction, or with a view to demanding payment at a later time, nor indeed because they are not informed of their rights, but because they wish to make a contribution for moral reasons, due to sentimental ties or for reasons linked to leisure, recreation or active forms of rest; these goals are justifiable in contexts that differ from, or are actually opposite to, those of a professional kind. Any objective ties of a recreational or leisure - based nature prevent a working relationship from being identified after the fact, because the relationships are not 1 See Cass. 17 August 2000, n. 10923, in Giur. it. rep., 2000. 2 See Cass. 19 June 2000, n. 8330, in Giur. it. rep., 2000. 3 See Mosco, Principi sulla interpretazione dei negozi giuridici, Naples, 1952, 108 ff.; Roppo, Il contratto, Milan, 2001, 473 ff.; Gentili - Sicchiero, Contratto collettivo e rilevanza della contrattazione successiva, in Giur. it., 2001, 2024 ff.. 4 See Sicchiero, La clausola contrattuale, Padova, 2003, 93 ff.. Cf. Costanzo, Sulla valutabilità del comportamento dovuto in sede di interpretazione del contratto: incidenza sulla autonomia delle parti. La non sussidiarietà dell’art. 1362 cpv. cod. civ., in Giust. civ., 1994, I, 1928 ff..
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