1st World Congress on Wine Tourism and the Law professional, and they have to be classified amongst those of a spontaneous nature. Working activities cannot be ascribed to being performed for opposite reasons after the fact. Subordinate employment law cannot govern behaviours motivated by the desire for enjoyment, as any type of authority is absent at the outset, and subordinate employment is based on the monetary nature of the interests pursued. Where different moral criteria subsist, employment law cannot govern behaviours which do not fall within its remit. The interpretation of manifestations of will and how actions are classified call for the assessment of free conduct5. Accordingly, the “contractual programme” must involve verification of all the elements that play a part in it, based on legal parameters. A “programme” inferred from literal interpretation alone - and which is linked solely to psychological will - is not of particular interest, meaning that the agreement must be interpreted based on behavioural elements6. An activity cannot be carried out free of charge under a subordinate employment basis. If the cooperation is founded on an enjoyment - based reason and no payment is made over, there is no subordination, as there is no actual juxtaposition of the interests concerned. The pivotal issue is the absence of any payment. As a result, only the tourism contract regulates experiential initiatives, such as grape harvesting and wine making, without subordinate employment agreement. The tourists are not employees. 3. Spontaneous participation of tourists in production activities and how to protect their health and safety. The above considerations do not exclude the importance of certain areas of regulations governing subordinate employment involving tourists that engage in cultivation or wine - making for leisure - related purposes, as they are also covered by health and safety rules and, in particular, by legislative decree no. 81 of 2008. In fact, the latter was designed to adopt and implement the complex European Union regulations, so that its principles are directly reflected in those of other member States. In the first paragraph of article 2, under letter a), a worker is a “person who, regardless of the type of contract concerned, performs working activities within the organisation 5 Cf. Irti, Testo e contesto, Padova, 1996, 160 ff.; Schlesinger, Complessità del procedimento di formazione del consenso ed unità del negozio contrattuale, in Riv. trim. dir. proc. civ., 1964, 1365 ff.; Di Paolo, Comportamento delle parti, in Aa. Vv., L’interpretazione del contratto, Milan, 1983, 207 ff.. 6 See Sicchiero, La clausola contrattuale, cit., 95 ff..
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