Professionals seeking employee status: the current state of case law
Journal title GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI
Author/s Orsola Razzolini
Publishing Year 2025 Issue 2025/186
Language Italian Pages 15 P. 295-309 File size 176 KB
DOI 10.3280/GDL2025-186004
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The article examines two recent judgements: that of the Court of Cassation, No. 28274/2024, and that of the Tribunal of Gorizia, dated 23 January 2025. The first concerns a female lawyer who worked for a large law firm and requested her thirteen-year relationship to be reclassified as employment. The second concerns three female professionals who worked for a consulting firm and whose working activities were classified by the labour inspectorate as falling within the field of application of Article 2, par. 1 of Legislative Decree No. 81 of 2015. The different solutions provided by judges highlight some fundamental issues, including the compatibility with the principle of “indisponibilità del tipo” of art. 2, par. 2, lett. b of Legislative Decree no. 81 of 2015, which excludes regulated professions from the scope of paragraph 1. Another issue is the increasing search for subordination by freelancers, especially young ones.
Keywords: Regulated professions; Subordination; Economic dependency; Contractual will; primacy of facts.
Orsola Razzolini, Professionisti in cerca di subordinazione: il punto della giurisprudenza in "GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI " 186/2025, pp 295-309, DOI: 10.3280/GDL2025-186004