Categories: Insights, Do you know that

Tag: Covid-19, Dispositivi di protezione individuale, Riders


30 Apr 2020

DID YOU KNOW THAT… riders must be equipped with personal protective equipment against the risk of contagion?

Urged by requests for protection from some bicycle couriers who proposed an emergency appeal, as per article 700 of the Code of Civil Procedures, the Court of Florence (Florence Labour Court 1 April 2020) first, and then Bologna’s (Bologna Labour Court 14 April 2020) ruled that food delivery platforms have an obligation to provide them with suitable personal protection equipment (“PPE”) against the risk of contagion.

Both of the rulings recognise the existence of fumus boni iuris (grounds for the claim), considering employment with food delivery platforms in the context of article 2 paragraph 1 of Legislative Decree no. 81/2015 with the consequent application of laws related to employment.

Then, in terms of the specific profiles regarding application of the measures and protections regarding health and safety:

  • the Court of Florence refers to the provisions recently introduced by Section V-bis of Legislative Decree no. 81/15, confirming that the customer – in this case the food delivery platform – is required in relation to workers, to comply with laws and regulations concerning the protection of workplace health and safety at its own effort and expense, as per Legislative Decree no. 81/08;
  • the Court of Bologna did not make any referral to this legislation and bases its ruling on the type of activity performed by the bicycle couriers and reasons for protecting both the workers and customers, as per how they result from the emergency legislation.

In addition to the fumus boni iuris requirement, the aforesaid Courts confirm the existence of periculum in mora (imminent and irreparable detriment). This is due to the fact that the performance of the work activity without the aforesaid PPE could expose bicycle couriers, pending a specific ruling, to detriment, including irreparable, of their right to health.

Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

1 Oct 2026

Corporate e-mail and defensive monitoring: when the GDPR and employment law lead to different outcomes 

The Piaggio case clearly illustrates how the same set of facts can give rise to profoundly different assessments depending on the perspective adopted. In its decision of 13…

1 Oct 2026

NASpI and Reinstatement: the Employee’s Election Causes Loss of the Benefit 

Headnote   In its recent judgment No. 24981 of 3 September 2026, the Italian Supreme Court held that, where a dismissal is set aside with an order of reinstatement…

1 Oct 2026

Did you know that… testimony given in court may have disciplinary relevance and, in the most serious cases, justify dismissal? 

The Italian Supreme Court, Labour Section, by order no. 25687 of 22 September 2026, addressed the issue of the disciplinary relevance of statements made by an employee in…

29 Sep 2026

Shadow AI in the workplace: how to govern risks, data, and security (Agenda digitale, 29 September 2026 – Vittorio De Luca and Martina De Angeli)

The spread of artificial intelligence tools used without corporate authorization exposes businesses to risks involving personal data, confidential information, know-how, and cybersecurity. To govern Shadow AI, organizations need…

24 Sep 2026

The concept of “territorial scope” in a non-compete agreement (Top24 Lavoro Ai – Il Sole 24 Ore, 24 September 2026 – Vittorio De Luca and Alessandro Ferrari)

Interpretative issues in light of the most recent case law on the nullity of non-compete agreements due to the indeterminacy of territorial scope By an order issued on…

16 Sep 2026

Did you know that… repeated violations of company procedures may justify the dismissal of a store manager?

The Italian Supreme Court (Labour Section), in Order No. 25231 of 11 September 2026, upheld the lawfulness of the dismissal for just cause of a store manager who…