La tutela dei lavoratori subordinati nell'ambito dei rapporti di appalto

The challenge of harmonizing economic freedom and workers’ protection is well represented in the field of subcontracting. The thesis outlines that subcontracting is an old way for enterprises to outsource economic risks and reduce the cost of work. International rules regarding this matter tend to protect the workers with binding clauses that oblige the enterprise to respect the best economic and normative treatment in the specific sector and not just the bare minimum. If the legitimate need of economic operators to outsource is related to specialization, subcontracting can be perfectly combined with decent work. In the private sector, legal tools for workers involved in subcontracting are traditionally related to the need to protect the salary in the case of employer’s bankrupcy. These tools are still essential in the modern market economy, because econ-omy tends to boost “light” and “flexible” firms based on knowledge and not on material elements, which represent a guarantee in case of crisis. In the public sector, the recent evolution of the ECJ jurisprudence created a shock in the European world of procurement because it challenged the legal basis of local rules that promoted high wages for workers. Thanks to the teleological and literal interpretation of the recent European legislation, the thesis aims to prove that an alternative is legally justifiable.