It was recently reported that one of the leading food delivery operators in Italy has been placed under judicial supervision, ordered by an urgent decree of the Public Prosecutor’s Office of Milan, following an investigation which, according to initial reports, led the authorities to bring charges of “caporalato” (i.e. the criminal offence of unlawful labour intermediation and labour exploitation), among others.
Based on the limited information currently available, the recent inspection activity allegedly revealed several indicators of exploitation of so-called “riders.” These reportedly include the application of a collective bargaining agreement signed by non-representative trade unions and the consequent application of economic and regulatory conditions well below the constitutionally guaranteed minimum standards, such as to suggest a general situation of worker “exploitation.”
Similarly, following an analysis of the databases managed by the food delivery platform and the collection of numerous witness statements, the Public Prosecutor’s Office reportedly challenged the “self-employed” status formally attributed to the relationships established with the riders. According to press reports, this is because the riders were allegedly “hetero-organised” through remote monitoring and management systems governing the various phases of their work activity.
This case is particularly significant in light of the — still current — lack of regulatory clarity governing the sector concerned, despite the numerous legislative measures adopted in recent years to regulate the employment relationships of so-called “cycle couriers.”
Indeed, it is precisely the issue of legal classification — from which the Public Prosecutor’s Office appears to proceed in subsequently contesting the offence of unlawful labour intermediation and labour exploitation — that has, to date, heavily engaged the courts dealing with litigation concerning riders’ working relationships. In doing so, they have had to grapple with statutory provisions open to differing interpretations.
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