Our Judgment: Project work in call centres
In cases contesting the genuine nature of the collaborations, the burden of proof lies on the DTL (Court of Macerata work July 18, 2016)
The case stems from an inspection by the Territorial Directorate of Labour of Macerata at a call centre.
Following this inspection, DTL issued, in respect of a company which carries out marketing activities of products and services through call centres, an ordinance with penalties, disputing the nature of the working relationship between the telephone operators and the company.
Our firm challenged this order before the Employment Tribunal which, in allowing the appeal, ordered its cancellation.
The decision resulted because the Territorial Directorate of Labour did not absolve the burden of proof, to be carried out in a rigorous manner, when concerning the subordinated claim nature of labour relations with employees. In particular, it was noted that the statements made by the inspectors workers were not in agreement, nor sufficient for a finding that the relationship could have had all the characteristics to be qualified as an employment relationship.
