Luci e ombre nella riforma del lavoro sportivo

The Legislative Decree No. 36/2021 has had a significant impact on the regulation of labour relations in the sport sector, overcoming, among other things, the traditional legislative disregard for amateur work. The reform increases labour protections for individuals who professionally engage in sports activities, but at the same time aims to respect the specific nature of sports as an autonomous order, especially when it comes to the economic burden of sports organizations. The article starts by analysing the new concept of worker in the sector, which spans both professional and amateur sports. Then, the article proceeds by addressing the issue of classification between subordination and self-employment. The reform confirms the traditional dichotomy between professionals, which are subject to a stringent presumption of subordinate work, and amateurs, which in most cases are self-employed under article 409, No. 3 of the Italian Civil Procedure Code, with limited employment protections. In the final section the article briefly addresses the issue of voluntary work in the sport sector.