Chapter I lavoratori autonomi e i ‘nuovi’ bisogni di tutela: il ruolo essenziale del divieto di discriminazioni per motivi sindacali

Overview & Synopsis

First, the author explains how the EU is leading with a certain conviction in extending anti-discrimination protections beyond the narrow confines of subordinate employment. On the other hand, it highlights how, vice versa, it is the Italian legal system that is in a more advanced position in combating discrimination for trade union reasons. We, therefore, analyse the different jurisprudential orientations of the Italian Court of Cassation and the EU Court of Justice on this point. Furthermore, it is highlighted that, in a multilevel logic, there are good reasons for the extension of anti-discrimination law, on the one hand, to protect self-employment and, on the other, to protect trade union activity. Finally, it is underlined that this extention is consistent with recent regulatory proposals aimed at protecting workers in the global context of value chains, such as the proposed EU directive on duty of care or the proposal discussed within the United Nations for one binding instrument dedicated to transnational companies and other commercial enterprises regarding respect for human rights. Both recognize fundamental trade union rights and prohibitions on discrimination in a subjectively universal manner, i.e. without distinctions between categories of workers.