Subordination at Risk (of “Autonomisation”): Evidences and Solutions from Three European Countries

Abstract

The essay, focusing on the Labour Law and Policy systems of Italy, Germany and Spain, as presented and analyzed respectively by Pallini, Biasi, Waas and Gomez Munoz in this Issue, highlights a trend of progressive “autonomisation” of work. Not only in terms of increasing relevance of self-employment but also as profound change in the very structure of the employment (subordinated) relationship. In alternative to hetero-direction as link between work and Labour Law, the A. suggests to use the (immaterial) integration of the “autonomized” worker into the foreign organization as function. Although facing a common challenge, the legislative and policy answers has not been univocal in those countries, ranging from the adoption of the notion of coordinated/hetero-organized work, in Italy, to an up-to-date definition of employee in Germany, to a purposeful redirection of employment towards self-employment and entrepreneurship in Spain. Despite the differences in the solutions adopted, also in the light of the increasing relevance of digital and smart work, legislators are indulging if not favoring “autonomisation” also in the view of transforming precarious employment into sound self-employment and entrepreneurship.