With decree no. 8609 of 28 March 2021, the Milan Court declared art. 28 of Law no. 300/1970 (“Workers’ Statute”) applicable to employer-coordinated freelance work as per art. 2 of Leg. Decree no. 81/2015. The judge did not hold the employer’s explicit reference to art. 28 above, sufficient for removing precautionary protection for companies that work with freelancers. The judge considered the company director’s conduct unfair labour practice. The company distributed a video message, asking its workers (shoppers) to join a new union, just to stipulate a new sector collective bargaining agreement. This conduct was considered in conflict with Workers’ Statute art. 17 that prohibits founding or supporting worker unions with any means. It was even more serious because the message contained a description of risks and possible repercussions for the company, with consequences for the freelancers, if the union agreement was not signed. The Court held that not only had the company attempted to push the workers towards a certain union, but it also was able to learn the names of who followed its instructions and who did not.
