LA DISCIPLINA "LAVORISTICA" DELL'APPALTO: VERSO UNA FLESSIBILIZZAZIONE DEL CONCETTO DI DATORE DI LAVORO?
type: CreativeWork
description: Contract and labour law: towards a more flexile concept of employer? The contract within the sphere of the labour law seems to rediscover a “second youth” , lend itself to act as from “pole of attraction” regarding most important and debated profiles of surveying of the labour law doctrine. If the contract, from the point of view of its “pathological” use, captured the attentions of theoretical and practical operators of labour law, above all regarding the issue of the entrepreneurial removal from the so called “garantismo individuale e collettivo” through the phenomenon of the illegal hiring, on the physiological side the institute in question is led back, in a generally residual dimension, the within of the widest phenomenon of the outsourcing. The intervention of the legislator in matter, always increasing and more detailed regarding the past, reproposes, however in partially new terms, the problematic, particularly “felt” in years seventy of the past century, of the protection, legislative and contractual, of the labour in “small” enterprise. The relative criticalities to the anchorage of the protection to a dimensional requirement, any it is, united to those relative ones to the uncertainty and to the caducity of the “borders” of the enterprise of XXI the century, placed in a perspective, by now, not more exclusively national, make to meet towards the labour law discipline of the contract an interesting series of interpretative and reconstructive issues, a lot on the level of qualifying and protective profile, than on that, to “regulatory” one. These are, as mentioned, profiles that are interlaced and “crossed” among them, which are not compartmentalized, within a dimension that is also European and international. The qualifying profile, in fact, proposes, next and beyond the distinction between public and private contract, the most traditional e controversial profile of the distinction between contract, temporary work and illegal hiring, on one side, and trans…
abstract: Contract and labour law: towards a more flexile concept of employer? The contract within the sphere of the labour law seems to rediscover a “second youth” , lend itself to act as from “pole of attraction” regarding most important and debated profiles of surveying of the labour law doctrine. If the contract, from the point of view of its “pathological” use, captured the attentions of theoretical and practical operators of labour law, above all regarding the issue of the entrepreneurial removal from the so called “garantismo individuale e collettivo” through the phenomenon of the illegal hiring, on the physiological side the institute in question is led back, in a generally residual dimension, the within of the widest phenomenon of the outsourcing. The intervention of the legislator in matter, always increasing and more detailed regarding the past, reproposes, however in partially new terms, the problematic, particularly “felt” in years seventy of the past century, of the protection, legislative and contractual, of the labour in “small” enterprise. The relative criticalities to the anchorage of the protection to a dimensional requirement, any it is, united to those relative ones to the uncertainty and to the caducity of the “borders” of the enterprise of XXI the century, placed in a perspective, by now, not more exclusively national, make to meet towards the labour law discipline of the contract an interesting series of interpretative and reconstructive issues, a lot on the level of qualifying and protective profile, than on that, to “regulatory” one. These are, as mentioned, profiles that are interlaced and “crossed” among them, which are not compartmentalized, within a dimension that is also European and international. The qualifying profile, in fact, proposes, next and beyond the distinction between public and private contract, the most traditional e controversial profile of the distinction between contract, temporary work and illegal hiring, on one side, and trans…
author: VITALE, DOMENICO
language: ita
keywords: Settore IUS/07 - Diritto del Lavoro
date published: 2010-11-25
date modified: 2026-07-27T20:19:15Z
provider: Università degli Studi di Milano
publisher: Networked Digital Library of Theses and Dissertations
type: WebPage
source organization: Università degli Studi di Milano

PropertyValue
property ID: Handle
value: http://hdl.handle.net/2434/150041

PropertyValue
property ID: DOI
value: 10.13130/vitale-domenico_phd2010-11-25