Tourism, visits to vineyards, associated activities and classifying subordinate employment relationships by Enrico Gragnoli

1st World Congress on Wine Tourism and the Law presenting him or herself as an expert, without affording the protection of specific professionals. In addition, a law was proposed in Italy on 24 January 2023 for new regulations governing wine tourism. One new aspect appears in article 2, paragraph three, according to which “the person responsible for wine tourism activities must hold the title of sommelier”. This provision appears excessive and contrary to the desire to promote development of these initiatives; if this requirement were indeed confirmed, we might witness a fall in their number. If wine tourism is actually to stimulate an expansion in agricultural activities and promote them, the economic functions must be organised according to a simplified process. Broadly speaking, the title of sommelier would be required for the person in charge of the initiatives. This is not necessary for enhancing and promoting them. If tourist guides are dedicated to initiatives that concern heritage of aesthetic and historical importance, there is nothing to prevent regulations being introduced in the future to limit professional participation in wine tourism initiatives; for the time being, however, this principle does not exist. 5. Autonomous work and subordinate employment in wine tourism. Workers who are involved in wine tourism initiatives may be employees or freelancers, depending on the organisational agreements reached with the companies they work with. Whilst the subordinate employment contract is typical, and is governed by extensive heteronomous regulation in no way comparable with that of any other type of autonomous agreement due to its complexity, wide - ranging nature and scope, not least in terms of social security, welfare and taxation, the same cannot be said of 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 different purposes. As is inevitable, this arises if the freelance agreement includes the models of the appointment, the agency and the mediation, along with the many others that might apply, so that the contract for provision of the service, whether intellectual or manual, is one of the situations concerned. Problematic issues regarding qualification arise in all the cases, because within the variety of cases concerned, these agreements must differ from subordinate employment - the plausible alternative for achieving comparable organisational outcomes - albeit under the application of the employer's powers. In the case of wine tourism activities, in our own legal system, autonomous

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