Categories: Insights, Publications


21 Oct 2018

All the reasons for employment are required to reassess an independent work relationship (Il Quotidiano del Lavoro of Il Sole 24 Ore, 22 October 2018 – Alberto De Luca, Lucio Portaro)

With judgement dated 15 October 2018, No. 25711, the Court of Cassation provided again its opinion on what are the requirements (and to which magnitude they are relevant) for a work relationship qualified as independent to be reclassified as employment relationship. The ruling originated from an appeal filed at the Court of Milan by eight service providers that requested the verification of the illegitimate nature of various types of agreements (for example, contractor agreement, project-based agreement) that followed each other over time with the same employer and, thus, the verification of the existence of an employment relationship associated with them. Both judgements rejected the claims of the workers, since the Single Judge first then the Court of Appeal deemed legitimate the agreements entered into between the parties and, above all, insufficient the elements brought forth to support the claims of the workers to demonstrate the existence of an employment relationship between the parties. One of the losing parties appealed at the Court of Cassation, claiming a breach and false application of the law by the judges in charge, since they did not deem proven the employment relationship while at the presence of several factors indicating subordination, among which: compliance with working hours, methods of calculation and payment of the salaries, lack of entrepreneurial risk for the providers, method of control of the business performance. In this sense, the Court of Cassation specified how these claims could not be accepted and how they were unfounded. In fact, the Court of Cassation judges, confirmed how they could not perform a new review and how it is up to the judge in charge to assess whether the elements and the facts provided are suitable to the type of agreement chosen by the parties when the employment relationship is established. At the same time, however, they underlined, based on a unanimous and consolidated opinion, that the type of agreement (that is the “nomen juris”) ‹‹adopted by the parties entering the agreement, without any absolute and critical nature, cannot be fully ignored and may be considered an ancillary aspect to consider when it is difficult to distinguish between independence and discrimination››.

  Click here to continue reading the note to the judgment published in Il Quotidiano del Lavoro of Il Sole 24 Ore.  
Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

1 Sep 2026

Company files deleted from the PC: dismissal lawful even without proof of damage

The matter arises from the disciplinary dismissal of an employee performing general secretarial duties who, upon returning the company computer following a change in her duties, handed back…

1 Sep 2026

Overtime work: a summary schedule is not enough, employees must provide strict evidence of both the hours worked and the extent of the overtime performed

With order no. 20700 of 18 June 2026, the Italian Supreme Court once again addressed the issue of overtime work, reiterating that employees claiming overtime pay must strictly…

1 Sep 2026

Did you know that… an individual allowance that has remained unchanged for years may become non-absorbable?

In judgment no. 24475 of 5 August 2026, the Employment Section of the Italian Supreme Court confirmed that an individual allowance (i.e. “superminimo”), although normally subject to the…

3 Aug 2026

Pay Transparency: the first requests from employees are starting to arrive (Il Sole 24 Ore, 3 august 2026 – Vittorio De Luca)

Two months after the decree. Since Legislative Decree 96/2026 came into force on 7 June, according to a flash survey conducted by GIDP, 8% of HR directors have…

30 Jul 2026

Corporate controls and data protection: what balance?

A recent judgment of the Court of Pisa, No. 800 of 13 June 2026, addresses a topic of particular interest for companies: the delicate balance between the protection…

30 Jul 2026

Unfair dismissal and reinstatement: the employee must repay the payment in lieu of notice

With order no. 22187 of 28 June 2026, the Italian Supreme Court addressed the issue of whether payment in lieu of notice paid to an employee must be…