Freelancer dilemma
From Murphy's law if anything can go wrong.... by Veljko Massimo Plavsic
October 25, 2025 · 14 min
About this episode
The episode discusses the phenomenon of misclassified employment, focusing on the 'false freelancer' issue and its implications for worker rights.
Briefing on Misclassified Employment: The 'False Freelancer' Phenomenon Executive Summary This document synthesizes an analysis of misclassified employment, commonly known as the "false freelancer" (falso autonomo) phenomenon. This issue arises when a worker, formally operating with a VAT registration (Partita IVA), is substantively treated as a subordinate employee. The primary motivation for employers is to circumvent the costs, legal obligations, and worker protections associated with traditional employment, such as social security contributions, paid leave, severance pay (TFR), and protection against unfair dismissal. The central legal tenet governing these cases is the Principle of Substance over Form (Principio di Effettività), where the actual day-to-day realities of the working relationship take precedence over the formal contractual title. Courts and labor inspectors disregard superficial "style clauses" asserting autonomy and instead focus on concrete indicators of subordination. The most critical indicators of a subordinate relationship are the employer's exertion of Directive, Control, and Disciplinary Powers. These are evidenced by practical signals including: the…
People in this episode
Host: Veljko Massimo Plavsic
Topics covered
- misclassified employment
- false freelancer
- worker protections
- employment law
- subordination
Keywords
- misclassified employment
- false freelancer
- worker protections
- employment law
- subordination
- Directive Powers
- Control Powers
- Disciplinary Powers
Mentioned in this episode
Organizations: Partita IVA, Principio di Effettività
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