I contratti atipici e flessibili nella pubblica amministrazione

Atypical and flexible contractual types, used incorrectly within the Public Administration, resulted into the nowadays flexible work pathological and social phenomenon, wrongly – or maybe correctly - called “precarious work”. Given an atypical contracts’ regulation was not initially provided for, the subject was left to the contractual freedom of the parties and, in particular, to local agreements and II level bargaining, achieving a partial discipline since the 1998-2001 bargaining season. As time went by, following a change in the socio-economic context and the need to re-organize a welfare and occupational model closer to EU social policy, our Parliament tried to find flexible rules for personnel management and work organization. This is the reason why it became necessary to introduce, in the body of legislative decree 165/2001, exceptions to the access via selective procedure rule; that which regulates work as a civil servant. This research will also concentrate on all issues related to the recent legislative interventions which, discarding the specificities of public work and of the laws that regulate the work of civil servants, modified the private work sector and the contractual types ruled by the civil code and by special laws which, in some way, impacted on public work. So as to better understand the differences in application of the same contractual types in the private and public sectors, an overview of both National and Communitarian applicative issues will be provided, which developed after the most recent regulatory intervention. The last part of the research will concentrate on a possible discipline and regulation of the public sector, on atypical and flexible contractual types.