Services legal Contract
(Pursuant to and in accordance with Article 29 of Italian Legislative Decree 276/2003)
“The Contract, signed and regulated in accordance with Art. 1655 of Italian Civil Code, is characterized by the administration of the work that the organization of the needed means by the contractor, which may also be, in regards to work demands or services deduced in the contract, to the exercise of organizational power regarding the employed workers in the contract. “
For ‘service contract’ we mean the contract through which one party (the contractor) assumes with organization of needed means and congestion at his own risk, the completion of a work or of a service in exchange for money, in favour of another purchaser party.
In order to verify the illicit and authentic hypothesis of the contract, our attention is addressed to the organization, to the capital management and to the business risk. Furthermore, we want to specify that Legislature intended a contractor to assign absolute relevance, especially in the context of the ‘Contract of Lawful Services’, even only for the capital contribution or other intangible assets, such as ‘know-how’ or specific competences. The effective exercise of the organization and the risk-taking Company mark the distinction between lawful services contract and lawful Labour administration.
The MovieBros (Contractor) is responsible of the organization and takes any risks related to employed staff management (illness, injuries, Inps, Inail, Enpals).
The MovieBros achieves its business in full compliance with existing laws in adopting the lawful contract of services form.
Costumers are exempted from any liability or business risk relating to hired staff.
New demands of production companies required a redefinition of split-off phenomena between work provider and beneficiary of the work.
The current legislation (Art.85 of Italian Legislative Decree no. 276/2003) wholly repeals the law 1369/69, however, it does not undermine its substantial nature: this Article normalizes and strictly frames the split-off phenomena between work provider and beneficiary of the work, identifying two specific legal forms: work lawful administration (employment agencies) and lawful contract of services.