National Collective Agreement for the discipline of the activity of riders and letter from the Legislative Office of the Ministry of Labour to Assodelivery

[15 September 2020] The association of food delivery platforms Assodelivery and the trade union UGL have signed a “National Collective Agreement for the discipline of the activity of delivery of goods on behalf of third parties carried out by self-employed workers, so called riders”.
On September 17, 2020, the Legislative Office of the Ministry of Labour sent a letter to Assodelivery in which it reported some problematic profiles regarding the agreement, with a particular reference to compliance and compatibility with the provisions of Chapter V-bis of Legislative Decree no. 81/2015.

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New Country Reports Out!

[31 July 2020] The National Reports on Platform Work for Germany, Italy and Poland have been posted and can be consulted and downloaded in the Archive section of this site. The reports illustrate and comment on the recent developments concerning platform workers on the regulatory and collective representation arenas, and address the challenges ahead for social partners and policy makers in the two countries.
New country reports are forthcoming and will be posted in September.

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Order of the Court of Justice on the interpretation of the provisions of Directive 2003/88/EC

[Order of the Court of Justice, 22 April 2020] The Court of Justice of the European Union has ruled on a request for a preliminary ruling on the interpretation of the “worker” status under EU law for the purpose of the Directive 2003/88/EC concerning certain aspects of the organisation of working time. The Court of Justice has stated that an individual qualified as self-employed independent contractor under national law cannot be classified as “worker” under EU law if “that person is afforded discretion: to use subcontractors or substitutes to perform the service which he has undertaken to provide; to accept or not accept the various tasks offered by his putative employer, or unilaterally set the maximum number of those tasks; to provide his services to any third party, including direct competitors of the putative employer, and to fix his own hours of ‘work’ within certain parameters and to tailor his time to suit his personal convenience rather than solely the interests of the putative employer”, unless his independence is fictitious and it is possible to establish the existence of an employment relationship between the individual and the putative employer. The decision of the European Court of Justice has an impact on the qualification of the gig-workers.

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