Showing papers on "Qualification problem published in 2019"
TL;DR: In this article, the authors highlight the need for a careful analysis of the different forms in which work using digital platforms can be presented in the present world, and they focus their attention on L. n. 128/2019 (conversion of Legislative Decree no. 101/2019).
Abstract: In reminding us of the need for a careful analysis of the different forms in which work using digital platforms can be presented in the present world, in this work the author shows that, although in doctrine we have spoken of "qualifying obsession", the qualifying problem emerges everywhere, always and throughout the world, so it is essential to take up the theme of subordination as defined in art. 2094 c.c. (from which the meaning of the hetero-organization necessarily emerges).In fact, the qualification of the platform as a pure intermediary is certainly possible, but it is not necessary, because there is certainly the possibility that the digital platform is the instrument of a work performance characterized by the destination of the productive result to others, and by the extraneousness of the organization to the legal sphere of the provider.Moreover, since one cannot escape the qualification problem, in the work it is highlighted that this can be dealt with in various ways: on the remedial level, on the contractual one, on the jurisprudential one or on the normative one, and after having examined all of them (also from a comparative point of view), the Author focuses his attention on L. n. 128/2019 (conversion of Legislative Decree no. 101/2019, very different from the text converted into law).In the law we have a general rule, art. 2, par. 1, d. lgs. n. 81/2015, not limited to riders, and we have legislative provisions that provide for minimum safeguards, but the expansive nature of the safeguards that characterizes the new text has, in some respects, further entangled the discipline, with the consequence that the step forward in safeguards there was essentially in the reform of Article. 2, d. lgs. n. 81/2015 (contained in the conversion law), and only secondly in the rules of Articles. 47-quater, 47-quinquies and 47-septies.The work concludes with some considerations of legal policy, and shows that despite all the technology of the platforms, the work of the bicycle messenger (or even motorcycle messenger) is always to earn your living with the sweat of the forehead (and, unfortunately, at the risk of their lives): it is a very old profession, of which only the technical and organizational methods have changed, so that only a serious correction of the legislative intervention contained in the law. n. 128/2015 could promote an organisational model of the activity through digital platforms different from the current one, and more respectful of the rights of the people who work.
14 citations
TL;DR: A novel process developed to define the probability distributions, or priors, in a BN model based primarily on expert knowledge supplemented with extremely limited data is discussed, developed to aid qualification decisions.
Abstract: As systems become more complex, systems engineers rely on experts to inform decisions. This challenges systems engineers as they strive to plan activities such as, qualification in an environment where technical constraints are coupled with the traditional cost, risk, and schedule constraints. Bayesian network (BN) models provide a framework to aid systems engineers in planning qualification efforts with complex constraints by harnessing expert knowledge and incorporating technical factors. By quantifying causal factors, a BN model can provide data about the risk of implementing a decision supplemented with information on driving factors. This allows a systems engineer to make informed decisions and examine “what-if” scenarios. This paper discusses a novel process developed to define the probability distributions, or priors, in a BN model based primarily on expert knowledge supplemented with extremely limited data (25 datasets or less). The model was developed to aid qualification decisions—specifically to predict the suitability of six degrees of freedom vibration testing for qualification. The process defined the model priors primarily with expert knowledge in an unbiased manner. Validation of the model provided evidence that this novel process might be an effective tool in harnessing expert knowledge for a BN model.
5 citations