LEASING OF PERSONNEL - CONSEQUENCES ARISING FROM THE LACK OF IDENTITY BETWEEN THE FACTO AND THE IURE EMPLOYER
LEASING OF PERSONNEL - CONSEQUENCES ARISING FROM THE LACK OF IDENTITY BETWEEN THE FACTO AND THE IURE EMPLOYER

Summary/Abstract: This study aims to analyse the erosion of legal rigour and the promotion of contractual freedom, in the name of which, in practice, numerous abuses are committed, which, by definition, test the internal limits of the law and, not infrequently, even the external ones, leading to flagrant violation of the law. Specifically, in what follows, we will focus on describing and criticising an increasingly widespread phenomenon - namely that of labour lending, which we define in the broadest sense as a situation in which the worker performs work under the direction and for the benefit of another person, natural or legal, other than his or her employer. In practice, all types of staff leasing are promoted as a response to the need to make employment relationships more flexible and, above all, to business development, as they relieve de facto employers of the 'burdens' associated with managing their own workforce (selection, recruitment, hiring, organising work, guaranteeing workers' social protection).

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