Le tutele in caso di disoccupazione nella l. n. 128/2019

Abstract

After a brief examination of the various instruments provided by the. Italian legislature in the event of involuntary unemployment, the essay focuses. on the possible use of the allowance in the event of unemployment of riders. If. in fact it is possible to prove in judgment that the employment relationship. presents the features of hetero-organized collaboration, the legislator of 2019. on the one hand tells us that the discipline of the employment relationship. applies, on the other hand, there is no mention of the possibility that workers. may be entitled to benefit in cases of involuntary unemployment, since there. are no ad hoc rules to that effect. On the other hand, art. 2, co. 26, l. n. 335/1995 provides that the. collaborators defined by reference to the T.U.I.R. may subscribe to the. separate management of the INPS, but the tax legislation itself provides for a. concept of coordinated and continuous collaborator not perfectly comparable. to art. 409 c.p.c. nor even less art. 2, d.lgs. n. 81/2015, as it requires that for. the purpose of registration the collaborators must have a “fixed periodic. remuneration”. To avoid difficulties in the social security system, after proposing a. constitutionally oriented reading of the tax rule, the essay focuses on a possible. criterion for measuring the working time of riders and, as a result, the amount. of contributions needed to make these workers perceive Naspi (if they were. qualified as employees) or Dis-Coll (if instead the judge qualified them as. quasi-workers).