Papers by Vincenzo Pietrogiovanni
International and European influences on a National level
EU Collective Labour Law, 2021
Reality Bites is a 1994 famous film, directed by Ben Stiller and considered as a manifesto of the... more Reality Bites is a 1994 famous film, directed by Ben Stiller and considered as a manifesto of the so-called ‘Generation X’, ie the adults born just after the World War II baby boomers. This generation was the first to face problems like unemployment. After 20 years, young people’s situation has so extremely deteriorated that one of the most recurrent – and plastic – expressions to describe them is the ‘scarred generation’.
The foreign colleagues answer the following questions: Does the current regulation of the standar... more The foreign colleagues answer the following questions: Does the current regulation of the standard employment relationship create poverty in your country? Which are the kinds of non-standard employment contracts (i.e. fixed-term contracts, part-time, etc.) that create fragility and poverty? Does the introduction of new technologies (digital platforms, smart work, etc.) contribute to the increase of the number of working poor and poverty? Does a linkage between the working poor and female employment exist? Which are the causes of the poverty of work performed in agriculture? Do taxation law and social security law have an impact on the increase of the number of working poor? Which is the answer of the social security system to the new poverties (both during working life and after it)?.
This paper focuses on a project about a Summer School for doctoral students in Labour law to be e... more This paper focuses on a project about a Summer School for doctoral students in Labour law to be established in Lund University. The main idea of the project is to promote a different approach in doctoral education, based on a community of research and a many-to-many relationship.
International and European Labour Law, 2018
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Papers by Vincenzo Pietrogiovanni
The massive injection of flexibility in labour protection and the fragmentation of employment contracts have expanded the employers’ possibilities of acquiring and using dependent labour.
These significant changes and the organisational transformation mainly due to ICT have expanded the scope of the employees’ autonomy in carrying out their tasks, while the emergence of many atypical contracts have extended socio-economic risks also outside of subordinate employment.
Indeed, many self-employed workers as well now face forms of economic dependency. The growing self-employment, while enlivening the labour market, on the other hand, may pose the risk of an ‘escape from subordination’, with all that this means in terms of employment protection and, in the long run, social security.
It is, therefore, necessary to revitalize the broad debate on the concept of employment and its boundaries promoting innovative approaches.
This paper aims to contribute to the international debate by discussing an alternative definitory technique, which originates in the Italian case law, but still has not played any major role in doctrine: the concept of subordination as a double alienness. Introduced by the Italian Constitutional Court in 1996 and used by the Supreme Court and lower courts in some other cases, the concept defines subordination as the alienness (i.e. the exclusive destination to other than the worker) of the result attained by the work performance, and of the productive organization in which the worker’s activities are performed. The paper evaluates the utility of such an approach, underlining both advantages and limitations.