Chapter Appunti per una ridefinizione dell’istituto del distacco

Abstract

Following in the wake of the jurisprudence formed in the previous legal framework, the 2003 reform introduced into the legal system a regulation of posting conditioned by its qualification as an exception to the general prohibition of interposition. In doing so, an opportunity was missed to fully regulate the institution, based rather on the function and nature of the agreement between the employer and the user that posting necessarily presupposes. Starting from this regulatory gap, the author proposes a reinterpretation of the discipline dictated by Article 30, legislative decree 276/03, of which he highlights criticalities and inconsistencies that can only be partially resolved by enhancing the principles of civil law.