Forms of contract grading

The forms of employment (Ccpl Foundations) found in Bruno Kessler Foundation are as follows:

• permanent employment
• fixed-term employment
• the fixed-term employment in tenure mode

Article 2094 of the Civil Code defines a subordinate worker as "...one who is obligated through remuneration to collaborate in the enterprise, performing intellectual and manual labor, in the employ and under the direction of the entrepreneur."
Thus, subordinate work corresponds to the legal situation in which a subject, the worker, puts his or her psychophysical energies at the disposal of another subject, the employer, who organizes them according to the criteria most suitable for his or her activity, in exchange for a consideration called remuneration.

The essential and characterizing element of this type of relationship, namely "subordination" is nothing but that bond of a personal nature which subjects the employee to the directive, control and disciplinary power of the employer with consequent limitation of his autonomy and insertion in the company organization.

Clarification of the meaning of "directive," "supervisory," and "disciplinary" powers:

• Directive means the power of the employer to give orders regarding the manner in which work is to be performed in such a way that he can organize the work of the employee in the manner he deems best for his enterprise.
• Control means the power to see that the work is performed according to the directives given.
• Disciplinary means the power to impose disciplinary measures if the worker contravenes the directives given.

Other elements, on the other hand, are only "subsidiary" in the sense that they contribute to defining with greater certainty the employment relationship as subordinate where the bond of subordination is present (an essential element) but which, considered alone, cannot be taken as an indication of subordination. In detail:

• absence of entrepreneurial organization and economic risk on the part of the worker;
• observance of a predetermined schedule;
• remuneration commensurate with time;
• continuity and duration of the relationship;
• obligation on the part of the worker to notify the employer in case of absence;
• use of instruments for recording attendance
• use by the employee of means, equipment, tools provided exclusively by the employer.

Finally, the so-called "nomen juris," i.e., how the parties intended to define the employment relationship, must be noted: prevailing case law holds that the judge, called upon to evaluate the relationship, must refer to the manner in which in concrete terms the work is performed. It follows that the nomen juris is never a decisive element in the qualification of the relationship but, if anything, can be evaluated where contradictory elements are present or where there are no decisive indications in favor of the recurrence of autonomy rather than subordination.

The worker does not bind himself to the achievement of a result (so he does not assume an "obligation of result"; to which corresponds the employer's right (mind you, not obligation!) to organize such psychophysical energies as he sees fit for his activity; in other words, if the employer does not "organize" the worker's psychophysical energies (because, for example, he has no work, or he is a lousy entrepreneur) he is still obliged to the counter-performance, i.e., payment of wages.

"Parasubordinate" employment, which occurs between two parties, the "collaborator" (i.e., the one who performs the work) and the "principal" (i.e., the one who benefits from the work), is defined as such because it has characteristics that are partly those of self-employment and partly those of subordinate employment. The collaborator, in fact, similarly to a self-employed worker, undertakes to carry out a work or service for the benefit of the principal, without any subordination constraint but, unlike self-employed workers, he or she is extended benefits and protections typical of subordinate workers (such as, for example, family allowances, sick pay, maternity benefits, protection in case of accident).

The elements that distinguish this type of relationship are:

• Absence of the subordination bond of the service provider to the principal: means that the service provider is not subject to provisions regarding the manner of work performance with the understanding that the performance must be such as to guarantee the result deduced in the work contract;
• obligation of result: means that the worker is thus obligated to guarantee a result i.e., the performance of the work as agreed upon in the contract ("result" obligation);
• assumption of risk by the provider: means that if the work is not performed or is performed in a way that is not in accordance with what was agreed upon in the contract, the relevant economic risk falls on the person who performs the work, i.e., the provider (not on the employer/principal as in subordinate employment);
• predominantly personal performance of the provider: means that the work, own and family members' work, takes precedence over the business organization.