義大利中間類型勞動者保障法制之省思

A Reflection on the Legal System Protecting Intermediate Category of Workers in Italy

隨著零工經濟蓬勃發展，零工經濟勞動者之勞動條件漸漸受各界關注，繼而勞動者若未被歸類為勞工，應如何保障其勞動權益之議題亦受到重視。衡諸上開議題在國際社會間已受到廣泛討論，在我國亦成為眾所矚目之焦點。對此，義大利在1973年即於該國民事訴訟法中創設介於「勞工」與「自營作業者」兩者間之中間類型，並將之稱為「持續協調的合作者」(Continuous and Coordinated Collaborators, Co. Co. Co.)，亦即中間類型勞動者，並持續不斷修正相關法制，近年來更直接明文將部分零工經濟勞動者納入保障，該國近半世紀以來之法制發展與實施經驗應具參考價值，對於我國未來建構中間類型勞動者法制，有一定的啟發性。
有別於我國著重在勞動者職安衛面向之保障，且設有較為完備之法令，義大利中間類型勞動者法制之保障範圍，除上開訴訟程序之保障外，其規範保障內容尚涵蓋中間類型勞動者得在契約存續中合法暫停履約、在特定時間工作之補償制度、禁止就業歧視、隱私保護、請求訂定書面契約及知悉一切有助於保障其個人權益與安全資訊之權利等；至於集體勞動權益之保護方面，該國集體活動之發展甚為活躍，近年來更簽訂多項團體協約，亦值吾人持續關注。

With the growing prevalence of the gig economy, the labor rights of gig workers have drawn increasing attention, and the issues concerning labor protection for workers without labor status have received great attention as well. The legal system of“intermediate worker”has been widely discussed worldwide and has gradually become important in Taiwan. Among them, Italy established a type of worker status in the Civil Procedure Law in 1973, which is on the spectrum between“subordinate worker”and“self-employed worker.”The intermediate type is called“Continuous and Coordinated Collaborators”(shortly referred to as“Co. Co. Co.”), and the related legal system has been continuously revised. Some workers engaging in the gig economy have been included in recent years, and they have been explicitly protected. The country’s experience of the development and implementation of the legal system for almost half a century, which should be of reference value for our country and must be inspiring to our country’s future establishment of a legal system for intermediate workers.
Different from our country’s focus on the protection of workers’occupational safety and health, the intermediate-type workers’legal system in Italy provides protection standards in addition to the protection of litigation procedures, as well as legal suspension of contract performance during the effective periods of contract. The compensation system for work, the prohibition of employment discrimination, privacy protection, the right to enter into written contracts, access to all information that helps protect their rights and safety are also regulated ; in terms of the protection and development of collective labor rights, the country’s development of the event is very prosperous, and many collective agreements have been signed in recent years, which is worthy of attention.