Italian Labour Law e-Journal https://illej.unibo.it/ <strong>Italian Labour Law e-Journal (ILLeJ) – ISSN 1561-8048</strong> is an open-access peer-reviewed Journal aiming at the advancement of comparative studies on current labour law topics. Department of Sociology and Business Law. Alma Mater Studiorum - Università di Bologna en-US Italian Labour Law e-Journal 1561-8048 <p>The copyrights of all the texts on this journal belong to the respective authors without restrictions. Authors grant to the journal a non-exclusive right to publish their work.</p><div><a href="http://creativecommons.org/licenses/by/4.0/" rel="license"><img src="https://licensebuttons.net/l/by/4.0/88x31.png" alt="Creative Commons License" /></a></div><p>This journal is licensed under a <a href="http://creativecommons.org/licenses/by/4.0/" rel="license">Creative Commons Attribution 4.0 International License</a> (<a href="http://creativecommons.org/licenses/by/4.0/legalcode">full legal code</a>). <br /> See also our <a href="/about/editorialPolicies#openAccessPolicy">Open Access Policy</a>.</p> Covid-19 and Self-employment: emergency measures and unsolved challenges https://illej.unibo.it/article/view/11133 <p>The COVID-19 pandemic is having a profound impact on the present world of work and will probably characterize any future debate regarding labour law. The crisis is throwing millions of people across the globe out of employment and high resonance is paid to European governments’ emergency measures to cope with this exogenous catastrophe. Public interventions are driven to protect subordinate workers and their incomes or to support self-employed workers highly affected by lockdown measures. The emergency and temporary measures for this latter group of workers are different from Country to Country, although similar patterns can be identified, varying from the extension of social security coverage to short-term support schemes. Their effectiveness is currently under discussion, alongside some concerns about the future of self-employed workers are still pending. </p> Leonardo Battista Copyright (c) 2020 Leonardo Battista 2020-07-20 2020-07-20 13 1 85 101 10.6092/issn.1561-8048/11133 Early Retirement in the Italian Social Security System: Some Critical Insights https://illej.unibo.it/article/view/11174 This paper examines the age and contributory requirements needed to take retirement in Italy. The focus is on one of the novelties introduced by Decree Law No. 4/2019, namely the possibility to access early retirement through the temporary <em>Quota 100</em> scheme. This can be done provided that the worker has paid 38 years of contributions and is at least 62 years old by the end of 2021. This exception allows retirement up to 5 years before fulfilling the requirements established under current legislation. Moreover, according to Decree Law No. 4/2019, until 2026 life expectancy growth will not be considered for the purposes of automatic upwards adjustments in pension eligibility requirements. The paper argues that the new measures privilege a specific cohort of people, frustrating the improvements of the Italian pension system over the last three decades. This view is supported by the fact that this temporary relaxation of retirement criteria is not in line with the needs of the Country which emerge through social research and statistical data. Based on demographic and economic analysis, this paper argues that some imbalances question the long-term economic and social sustainability of national social security. The most serious imbalance concerns the disparity between young and older citizens, as the current apparatus favours people who have already reached – or are about to reach – retirement, disadvantaging the following generations. Davide Casale Copyright (c) 2020 Davide Casale 2020-07-20 2020-07-20 13 1 103 123 10.6092/issn.1561-8048/11174 The (non/)response of trade unions to the “gig” challenge https://illej.unibo.it/article/view/10762 <p class="EJournal"><span lang="EN-IE">The advent of platform work has led to deepened debate about the role of trade unions in our contemporary, segmented labour market. One of the crucial questions unions face is how to approach the protection, and organisation, of platform (“gig”) workers. The dilemma about whether to extend employment protection to more of those who work outside of the classical employment relationship can be solved in at least two ways: by changing labour legislation, and/or by extending the scope of collective agreements. This paper analyses two different approaches, from a common law and civil law perspective within the EU, and evaluates their efficacy. The common law perspective is analysed by looking at the case of Ireland, while from the civil law perspective the case of Slovenia is presented. In both countries, trade unions have been struggling to define strategies to approach the issue of the diversification of work relations. On the one hand, unions are wary of eroding the benefits of “employee” status, but on the other, in the context of membership decline, demonstrating relevance to increasing numbers of “non-standard” workers (including “gig workers”) is more important than ever. The paper assesses the union movements’ response in both countries to the “Uberisation” of work. </span></p> Michael Doherty Valentina Franca Copyright (c) 2020 Michael Doherty, Valentina Franca 2020-07-20 2020-07-20 13 1 125 140 10.6092/issn.1561-8048/10762 Covid-19 and Labour Law Measures in Spain: Emergency Rules to deal with a Health, Economic and Employment Crisis https://illej.unibo.it/article/view/11106 <p><span lang="EN-GB">The COVID-19 pandemic has had a great impact in Spain. With the purpose of slowing down the spread of the virus and controlling the situation, the Government declared the state of alarm and imposed restrictions to people’s movement and social contact (including temporary confinement of the population at home). Most economic and working activities were temporarily paralysed, leaving apart those considered ‘essential services’ and other exceptions. With the aim of reducing the economic and social impact of such extraordinary circumstances, protecting workers and allowing to resume working activities after the crisis, the Government approved a package of urgent legislation, including a large list of measures in the area of Labour Law and Social Security: among others, promoting telework; facilitating the adaptation of working time to family care needs; favouring the temporary suspension of employment contracts or the reduction of working time due to force majeure or other grounds related to COVID-19, while dismissals were limited; establishing an extraordinary paid leave for workers of undertakings forced to stop their activity; finally, adapting and enhancing unemployment benefits and other forms of social protection. This paper provides a panoramic explanation on this legislation aiming to face the COVID-19 health, economic and employment crisis.</span></p> Joaquín García Murcia Iván Rodríguez Cardo Diego Álvarez Alonso Copyright (c) 2020 Joaquín García Murcia, Iván Rodríguez Cardo, Diego Álvarez Alonso 2020-07-20 2020-07-20 13 1 141 160 10.6092/issn.1561-8048/11106 The ILO Response to Covid-19: ILO and International Labour Standards in Times of a Pandemic https://illej.unibo.it/article/view/11202 <p>In 2017, ILO issued recommendation no. 2015 on employment and decent work for peace and resilience, which is an international labour standard of particular relevance and importance for managing the labour market in times of crisis, and especially so in the wake of the Covid-19 pandemic. A body of generally applicable international labour standards provides social protection to workers during the pandemic and applies to the challenges to the labour market in such times. The Report describes the labour policy of ILO and international labour standards in relation to the Covid-19 pandemic, as well as ILO’s concrete response to the present crisis. Finally, the Report presents a reminder that ILS and social protection in the future must be able to handle social risks resulting from biological vulnerabilities on part of workers and the importance of the principle of universality in social protection.</p> Niklas Selberg Copyright (c) 2020 Niklas Selberg 2020-07-20 2020-07-20 13 1 161 185 10.6092/issn.1561-8048/11202 The regulation of the notion of employer in an overregulated framework: the case of the Chilean labour law https://illej.unibo.it/article/view/11173 <p>This work presents the notion of employer in Chilean labour law. It begins with a brief introduction of the context of the Chilean overregulated legislation. Then, it is studied the definition of employer and some basic concepts of the Labour Code. The phenomena of subcontracting, multi RUT and temporary agency of work are analysed. A final section contains some reflections on these aspects.</p> Pablo Arellano Ortiz Copyright (c) 2020 Pablo Arellano Ortiz 2020-07-20 2020-07-20 13 1 1 12 10.6092/issn.1561-8048/11173 The Identity of the ‘Employer’ in Australian Labour Law: Moving Beyond the Unitary Conception of the Employer https://illej.unibo.it/article/view/11222 <p>This article examines the concept of the ‘employer’ in Australian labour law, showing how the use of this term (and the related concept of ‘employee’) can operate to limit the rights of workers in relation to unfair dismissal, collective bargaining and employment entitlements under the <em>Fair Work Act 2009</em>. It also considers several areas in which rights and obligations are ascribed more broadly, under both the <em>Fair Work Act</em> and workplace health and safety laws. The article then explores various regulatory approaches through which attempts have been made to extend responsibility beyond the unitary conception of the employer, in the context of three specific business models: labour hire, franchising and supply chains. The new forms of regulation adopted in Australia in recent years include labour hire licensing schemes, statutory provisions imposing liability for breaches of minimum employment standards upon franchisors, and regulatory schemes to enhance accountability across sector-specific supply chains. The article concludes with a brief discussion of reforms to bargaining structures which are critical, if business reliance on the unitary concept of the employer is to be meaningfully contested in the Australian setting.</p> Anthony Forsyth Copyright (c) 2020 Anthony Forsyth 2020-07-20 2020-07-20 13 1 13 28 10.6092/issn.1561-8048/11222 The identification of the employer in the context of organisational fragmentation: the Italian legal framework https://illej.unibo.it/article/view/11321 <p>This article analyses the switch of the Italian regulatory approach to subcontracting, from the “fordist” model based on a rigid coincidence between the formal employer (holder of the contract) and the user of the work performance, to the new models of production characterised by “organisational fragmentation”. To this purpose, it considers the evolution of the legislative discipline and jurisprudential elaboration concerning the “appalto” contract, the most common Italian commercial contract as for buying labour, goods or services, alongside that of some neighbouring legal instruments.</p><p> </p> Domenico Garofalo Copyright (c) 2020 Domenico Garofalo 2020-07-20 2020-07-20 13 1 29 53 10.6092/issn.1561-8048/11321 Joint Employment in the United States https://illej.unibo.it/article/view/11204 <blockquote><div dir="ltr"><p>The joint-employer doctrine in the United States is as fissured as the economy itself. As this paper’s brief survey of the different joint-employer standards used in the U.S. shows, the diverse set of work laws and governing authorities involved in workplace disputes have led to an unpredictable and confusing set of joint-employer standards.Although most of these standards share similarities, there are numerous differences based on the statute involved, whether the dispute is brought under federal or state law, which federal court is hearing the case, and which political party controls a relevant agency. Moreover, thanks in large part to a labor law action against McDonald’s, the joint-employer doctrine has become a politically charged issue, leading several federal agencies recently to change their approach to the question. As a result, businesses and workers cannot be certain that the relevant joint employer standard that exists today will be the same one that applies later. In short, joint employment in the U.S. consists of a complex set of standards that lack clarity and predictability, imposing costs on businesses and workers alike.</p></div></blockquote> Jeffrey M. Hirsch Copyright (c) 2020 Jeffrey M. Hirsch 2020-07-20 2020-07-20 13 1 55 69 10.6092/issn.1561-8048/11204 Who counts as an employer in Sweden? https://illej.unibo.it/article/view/10997 <p>In this article, the concept of the employer is analysed for Swedish conditions from a variety of perspectives. The special difficulties that face the private sector are charted, as are the principles of the legal subject in triparty contracts with temporary employment agencies, platform work, and umbrella companies. Found to go hand in hand with the concept of employee, the concept of the employer in the Swedish public sector is now far closer to the standard concept in the private sectordue to the principles of the functional concept of the employer. The concept of the employer in tax law and social security legislation, which have different purposes, differs from labour law.</p> Annamaria Westregård Copyright (c) 2020 Annamaria Westregård 2020-07-20 2020-07-20 13 1 71 83 10.6092/issn.1561-8048/10997 Book Review: Research Handbook on Labour, Business and Human Rights Law https://illej.unibo.it/article/view/11333 Emanuele Menegatti Copyright (c) 2020 Emanuele Menegatti 2020-07-20 2020-07-20 13 1 187 188 10.6092/issn.1561-8048/11333