Signed the National Collective Bargaining Agreement but the Riders remain “self-employed”(Il Quotidiano del Lavoro de Il Sole 24 Ore, 22 September 2020 – Alberto De Luca, Raffaele Di Vuolo)

On September 15, 2020, the trade union associations ASSODELIVERY and UGL-RIDER signed the first National Collective Bargaining Agreement (“NCBA”) governing the relationship between Bike Delivery Riders so called “Riders” and their companies. The agreement, called “National Collective Bargaining Agreement for governing the delivery of goods on behalf of third parties, carried out by self-employed workers, the so-called Riders”, has been reached after almost a year following the entering into force of Law No. 128/2019 introducing the first measures for the protection of “gig economy” workers. Article no. 8 of the NCBA defines Riders as “self-employed workers who, based on a contract with one or more platforms, decides whether to render its own delivery services for the goods ordered through the relevant application”. That being stated the NCBA provides different provisions such as a minimum guaranteed fee for the riders, bonus systems, safety equipment, insurance coverage, prohibition to discriminate and equal opportunities, personal data protection and trade union rights excluding, at the same time, the typical institutions of employment from arising such as, for instance, remuneration for overtime, additional monthly payments, annual leave, severance pay. Furthermore the NCBA rules also the termination of the self-employment.

In particular Riders are entitled to unilaterally withdraw from the contract at any time with immediate effect, whilst the principal is requested to give at least 30 days’ notice unless the payment of an indemnity is chosen by the principle. However during these days the main trade unions associations and the Ministry of Labour are discussing about the lawfulness of the NCBA based on the representation of the UGL-RIDER.

Source: Il Quotidiano del Lavoro