Cassation, employed workers riders

The protection of subordinate workers, as required by the Jobs Act, must be applied to home delivery cyclists, in the 'hybrid' form of the "collaborations organized by the client". The Cassation established this by rejecting Foodinho's appeal, in the dispute between Foodora and five riders from Turin.

"From January 1, 2016 - explains the Labor section of the Court of Cassation (sentence no. 1663) - the discipline of subordinate employment applies every time the employee's performance is exclusively personal and is carried out continuously over time and the methods of execution of the service, also in relation to times and place of work, are organized by the client ". This is because, explain the judges, "when the hetero-organization, accompanied by the personality and continuity of the performance, is marked to the point of making the collaborator comparable to an employee, equivalent protection is imposed and, therefore, the remedy of the 'full application of the discipline of subordinate employment. It is a legislative political choice aimed at ensuring the same protection to the worker as the employed worker, in line with the general approach of the reform, in order to protect lenders evidently considered in of economic 'weakness', operating in a 'gray area' between autonomy and subordination, but considered however worthy of homogeneous protection ".