On the number 1 /2021 of Labor Law and Practice the following article by Avv. Andrea Loro has been published.
The Court of Cassation Labor Section, with sentence no. 20904 of 30 September 2020, reaffirmed the principle according to which, between people linked by ties of kinship or affinity, there is a presumption of gratuitousness of the work performance that finds its source in the circumstance that it is normally rendered “affectionis vel benevolentiae cause”.
Being a presumption, it can always be overcome by providing proof of the typical elements of subordination, or by providing the elements that can prove the existence of a family business pursuant to art. 230-bis of the Italian Civil Code, or by demonstrating that the service was rendered as part of a self-employment relationship.