The discipline of the employment relationship has been extended by article 2 of Legislative Decree n. 81/2015.

As of January 1, 2016 this new regulation will apply to:

• workers who provided their intellectual and manual labor under the direction of the entrepreneur pursuant to art. 2094 c.c.;
• working relationships that are continuous, personal and submitted to the organizing power of the employer with reference to the method of execution as well as the time and place of work.

Cooperation agreements in the form of contracts ex art. 2222 cc and art. 409 c.p.c. can only be concluded in those cases where “organizational power” is not attributable to the employer but to the worker himself which, therefore, shall be able to organize its own work in terms of time and place. The article 2, co. 3, of the above mentioned decree, has introduced the possibility for the parties to ask certification of such contracts to the commission in art. 76 of Legislative Decree no. 276/2003, in order to ensure the authenticity of such collaborations.

The following collaborations are always excluded from the extension of the discipline of the employment relationship:

• collaborations established following a specific provisions contained in the national collective agreement;
• collaborations  which refer to intellectual professions for which it is necessary to register in special professional registers;
• the activities related to the exercise of functions such as the participation in the board of directors or audit committees;
• collaborations provided in favor of sports associations affiliated to the national sports federations.