Abstract

The tendency of the Italian enterprises to break up their activity isn't recent but today it knows a new phase which is, much clearly, promoted and stimulated by the legislator with the d.lgs. n. 276/2003. The reform of 2003 can deeply affect the organizational models of entreprises determining their legal fragmentation. The theme is tightly connected to the discipline of individual and collective dismissals and the recent legislation risks to act as an incentive in direction of outsourcing and to undermine the working conditions of the employees involved in such processes. In this context it is necessary: a) to do an up-to-date reading of the right of workers to job stability; b) to strongly promote the contractual dimension of the working relationship; c) to reaffirm the prohibition of dissociation between formal title of the employment contract and real utilization of job performance.