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13 March 2019
The Turin Court of Appeal recently heard the first appeal decision in Italy concerning the gig economy which examined the classification of Foodora food delivery riders (Decision 26/2019). The court partially reviewed the first-instance decision, which had found that Foodora riders should not be considered or classified as employees, thus rejecting the claimants' requests concerning reinstatement, wage differences and compensation for damages.
The Turin Court of Appeal confirmed the first-instance judgment to the extent that it found that Foodora's riders were not employees after having considered:
Although the Turin Court of Appeal confirmed the first-instance interpretation according to which riders should not be qualified as employees, the court held that they cannot be considered fully self-employed either. Through its interpretation of Article 2 of Legislative Decree 81/2015 (which provides that where the organisation of work is unilaterally decided by a principal, subordinate employment rules apply), the court stated that Foodora riders belong to a third type of relationship between self-employment and subordinated employment.
According to the court, food delivery riders must be granted the same rights provided typically to employees in the same sector (eg, the salary set out in the National Collective Agreement for employees in the "Logistics, Freight transport" sector).
(1) For example, from decisions on subordinated workers (eg, the Foodora case in Australia, the Pimlico Plumbers and Uber cases in the United Kingdom and the taxi driver case in Switzerland) to genuine self-employed workers (eg, the UK High Court decision in the Deliveroo case).
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