EL PRINCIPIO DE NO DISCRIMINACIÓN EN LAS RELACIONES DE TRABAJO ATÍPICAS: APUNTES DE JURISPRUDENCIA DEL TRIBUNAL DE JUSTICIA

The article analyses the case law of the Court of Justice of the European Union on the principle of equal treatment of atypical workers and the workers standard and the impact on the Italian regulation of atypical work. This is rebuilt the structure of the prohibition of discrimination as direct discrimination, which, according to the guidelines, however, may be justified. Then, asked whether the prohibition of discrimination also includes the prohibition of indirect discrimination. Although it’s a prohibition formulated differently, the positive response can be deduced from ECJ. The prohibition of indirect discrimination on grounds of sex (or other factors) as the age can be useful to protect atypical workers when the comparison with the workers standard does not reveal unequal treatment. Hence the analysis pass to analyze issues related to antiquity, which has provoked a considerable litigation in Italy. It is concluded that the prohibition of discrimination is the only instrument of flexibility of labour protection. That is why is has expanded the scope of the principle of non-discrimination, although it sometimes has questionable results, as it has happened in the field of public systems of social security benefits.