Toffoletto De Luca Tamajo e Soci - Flexible Working at the limits of employment

Toffoletto De Luca Tamajo e Soci - Flexible Working at the limits of employment
25 May 2016

45° AIDP National Conference Bari - 27 & 28 May 2016

Toffoletto De Luca Tamajo e Soci brings its employment law experience to the 45th National AIDP Conference, which will take place in Bari on 27th and 28th May. This year’s theme is “We bet on people and work”, which will involve a comparison of three key cornerstones for HR managers: the new employment regulations, technology and progress, and new managerial paradigms.

During the round table «Smart Working, sharing economy and new types of organisation», which forms part of a programme of breakout sessions on employment and skills, scheduled to take place on Friday 27th May, Professor Raffaele De Luca Tamajo, Senior Partner of the Firm and tenured Professor in Employment Law at the University of Federico II of Naples, will speak about legislative changes with particular reference to flexible work.

“Smart Working calls for a new managerial philosophy which not only provides for increased autonomy and flexibility but also accountability – underlines Professor De Luca Tamajo - Furthermore, from a legislative point of view, flexible working could put the concept of employment up for discussion. Today, the ways in which work is performed have certainly changed with respect to the past. The idea of a worker arriving at work, clocking in and working at his desk for 8 hours is not always a fit description  for the current situation in many companies, especially those that operate in the service sector”. 

Until now, the concept of Smart Working has been examined from an organisational point of view, but decisively less so from a legal standpoint, and it is interesting to understand how Flexible Work is interpreted by the recent Bill.

«In the world of employment law, employment has always distinguished itself from self-employment, describing themselves as two “types” of conflicting contracts. Considering the definition, it is evident how the words “autonomy” and “accountability” take on importance: they are two concepts that would seem to bring this employment to be within self-employment. However, in reality, this is not so given that the Bill on Flexible Work defines it as a “way of performing employment”. Perhaps the inevitable walk towards overcoming the distinction between employment and self-employment has really begun or, at the very least, towards the definitive obsolescence of its descriptive criteria”.

The discussion will also involve Giuditta Alessandrini, tenured Professor in social and employment educational theory at the University of Rome TRE; Domenico Favuzzi, the President and HR Director of Exprivia; Roberto Mattio, the HR & Organisation Director of Pininfarina; Paolo Vasques, the Global HR Director for Industrial, Retail & People Care Relations of Benetton and Lauro Venturi, the CEO of the Ocmis Group.

The debate will be conducted by Rossella Seragnoli, HR Manager at Crown Aerosols Italia.

The #AIDP2016 Conference will also see the debut of the book «Gli ammortizzatori sociali in costanza di rapporto di lavoro», authored by Professor Maria Teresa Salimbeni, a Partner at the Firm, for Guerini Next.