Sistema Regional de Información
en línea para Revistas Científicas de América Latina,
el Caribe, España y Portugal

¿Cuáles son las condiciones que activan la argumentación del profesor de Matemáticas durante la discusión de tareas en clase? En este artículo se presentan posibles respuestas a esta pregunta, en el marco de un estudio que pretende comprender la argumentación del profesor de Matemáticas en un ambiente habitual de clase. Para ello se presenta una fundamentación teórica sobre la argumentación en la clase de Matemáticas. Los datos forman parte de un estudio más amplio, los cuales se tomaron durante lecciones de clase de décimo grado (estudiantes de 15 a 16 años), mientras la profesora y sus estudiantes discutían tareas sobre trigonometría. Se discuten fragmentos de episodios de clase, donde se describen indicadores de las condiciones que podrían activar la argumentación del profesor.  

After a brief examination of the various instruments provided by the. Italian legislature in the event of involuntary unemployment, the essay focuses. on the possible use of the allowance in the event of unemployment of riders. If. in fact it is possible to prove in judgment that the employment relationship. presents the features of hetero-organized collaboration, the legislator of 2019. on the one hand tells us that the discipline of the employment relationship. applies, on the other hand, there is no mention of the possibility that workers. may be entitled to benefit in cases of involuntary unemployment, since there. are no ad hoc rules to that effect. On the other hand, art. 2, co. 26, l. n. 335/1995 provides that the. collaborators defined by reference to the T.U.I.R. may subscribe to the. separate management of the INPS, but the tax legislation itself provides for a. concept of coordinated and continuous collaborator not perfectly comparable. to art. 409 c.p.c. nor even less art. 2, d.lgs. n. 81/2015, as it requires that for. the purpose of registration the collaborators must have a “fixed periodic. remuneration”. To avoid difficulties in the social security system, after proposing a. constitutionally oriented reading of the tax rule, the essay focuses on a possible. criterion for measuring the working time of riders and, as a result, the amount. of contributions needed to make these workers perceive Naspi (if they were. qualified as employees) or Dis-Coll (if instead the judge qualified them as. quasi-workers).

Although it cannot be considered a distinction in rerum natura, the author believes that the distinction between subordination and self-employment is still fundamental today. The legislative changes that have taken place in the meantime, concerning, firstly, the introduction of coordinated and continuous collaborations, then that of hetero-organised collaborations, have not touched the traditional distinction between subordination and autonomy. This does not detract from the fact that there is a latent “qualifying tension” that emerged, in particular, with reference to the employment relationship of riders. Not even the adoption, by way of interpretation, of a broad notion of subordination has been able to ease the qualification problems. However, the continuing uncertainties of qualification do not lead the author to believe that the traditional distinction between subordination and autonomy should be abandoned. A labour law that merely attributed certain fundamental rights to all workers according to their condition of need or economic dependence would risk jeopardising the 'contractual rights' of the subordinate worker. It would be better, then, to call for an updating of the notion of subordination and to provide for additional protection measures for self-employment.

The protection of the psycho-physical integrity of the worker is a topical issue, which cannot be separated from the continuous comparison with the progress and evolution of safety techniques, as well as with ever new forms of potential injuries to the worker-person. In light of the above, it is essential to understand how the employer should concretely fulfill the obligation of safety at work provided by art. 2087 c.c. in the context of today’s challenge against Covid-19. This essay focuses on the measures that can be adopted by the employer based on the particular nature of work (health workers and high risk categories, public employees, private employees, riders and self-employed workers, irregular workers), experience and technique, addressing the debated issues regarding DVR updating and application of anti-contagion protocols, as well as technological and health controls and implications on the processing of personal data.

The Author argues that the social security discipline provided for employees by statutory employment law is fully applicable to the so-called “hetero-organized work” (article 2, decree no. 81/2015). After a brief introduction regarding the relevance, within the scope of labour law, of the social security dimension, the Author analyses the different positions expressed by Italian legal literature. The Author then points out how the most recent developments of Italian case law offer more arguments to support the full applicability of the social security discipline to hetero-organised workers and concludes by highlighting some practical effects of such extension.

The Author, in this introduction, analyzes the relationship between digital platforms, riders, SARS-CoV-2 coronavirus infection and social conflict.

The author describes the article 47 quarter of the lo. 128/2019 and the implications for self employment on the digital platform, deepening the consequences of the computer-mediated transactions on the wage and the role of collective bargaining.

Taking into account. recent rulings. on riders’ health and safety. protection, the author analyses the national legal regulation on platform work. to evaluate its scope and effectiveness