Private Procurement

The Observatory on Private procurement contracts was set up in 2021 thanks to the reports and data collected as part of the activities carried out by the Marco Biagi Foundation Certification Panel on the subject of contracts, subcontracts and supply agreements, network contracts and any other contractual figure, whether typical or atypical, in any case related, even indirectly, to phenomena or processes involving potential critical issues in terms of interposition and intermediation in the provision of labour services.

The Observatory’s objective is to produce, disseminate and transfer data, information and knowledge on the processes of outsourcing, “tertiarization” and coordination among enterprises – however implemented – and on their impact on labour in quantitative and qualitative terms, in an interdisciplinary and transdisciplinary perspective, pursuing the aim, through a constant synergic link between scientific research and the practical-operational dimension, of fostering and supporting a virtuous path of harmonisation of the reasons of the productive world with the protective needs of those who perform their professional work, with the aim of creating the conditions for safe and quality work.

Contacts

Do you want to know more?

For more information, please contact:
Prof. Francesco Basenghi – Dott. Alberto Russo
email: francesco.basenghi@unimore.italberto.russo@unimore.it

Activities of the Observatory

Education

The Observatory on Private Procurement Contracts proposes different types of tailor-made courses able to meet the current needs for update the knowledge and continuous training with different products, adopting innovative teaching methods and an approach based on interdisciplinarity.

The purpose of the training promoted by the Observatory is to act as a tool intended to create a meeting point between in-depth scientific knowledge and operational sensitivity, so as to represent a concrete and useful aid for the operators concerned.

In particular, the Observatory carries out, on its own or on the initiative of public and private subjects, high-level training activities also with the multidisciplinary involvement of experts in the thematic fields involved, taking care of their adaptation to the needs represented. Elective areas of intervention are those of labour law interest, including, by way of example:

• procurement, subcontracting, partnership, supply and sub-supply contracts however qualified;
• inter-company phenomena in their repercussions on the dynamics of labour relations (groups of enterprises, enterprise networks, consortia, cooperatives, temporary associations of enterprises, joint venture agreements, governance contracts)
• labour supply; the management of labour relations in their dimension potentially affecting the dissociation between formal and substantive employers (secondments, including international ones, codetermination, co-ownership, etc.);
• the collective profiles of the aforementioned processes, with a particular focus on their proper management in terms of trade union law (social clauses, information and consultation obligations, negotiation procedures, etc.);
• pathological cases related to the phenomena mentioned above, considering the risks of interposition (licit, illicit, irregular or fraudulent) and labour intermediation, social, contractual and wage dumping.

The Observatory is conceived as a permanent place-instrument for meeting and debate, promoting and facilitating networking and collaboration among institutions and labour market actors, particularly with the aim of contributing to increasing knowledge of the territory and improving public policies, at local and national level.

Research

The Observatory aims to characterise its research activities with the continuous and careful combination of the rigour of scientific research and the due attention to the needs of economic operators, thus paying attention to the real dynamics characterising the relations between business and labour. In this sense, the Observatory qualifies for the possession of an important wealth of experience and expertise gained over more than a decade through direct knowledge of the labour market and its actors.

The Observatory carries out, promotes, enhances and refines scientific research activities on every aspect, issue and topic related to the labour law themes identified as its elective field; in relation to these it studies, deepens and analyses the interpretative solutions, orientations and paths traced by case law and administrative practice.

Recently, also in the light of the emergence of new forms of work, the Observatory has also turned its attention to the digitalisation of production processes (supply chain, integrated logistics, platform work) and to issues of the highest social impact, ranging from the enhancement of enviromental substainability to the fight against all forms of labour exploitation and the fight against caporalato, including digitalised labour.

  • Francesco Basenghi, Full Professor of Labour Law, Unimore, and member of the Certification Panel, Marco Biagi Foundation
  • Luigi De Vivo, Doctoral Student, Unimore
  • Livia Di Stefano, PhD Labour Relations
  • Alberto Russo, Researcher, member of the Certification Panel, Marco Biagi Foundation