The Central Directorate of Supervision, Legal Affairs and Litigation of the National Labour Inspectorate (“INL“), with note no. 9728 dated November 12, 2019, authorised the installation of an application on smartphones assigned to so-called Drivers, allowing for their geolocation during the delivery of goods. This is provided that the companies concerned are not RSAs or RSUs or, if incorporated, the attempt to reach agreement has been unsuccessful.
The INL’s favourable opinion came following the request for authorisation made by certain companies, carrying out transport and delivery services operators for a company, to be able to install, on the smartphone assigned to delivery workers, a special order management application developed by the client company itself but exclusively owned and available to them.
The opinion of the INL
According to the INL, the installation of this application on Drivers’ smartphones does not breach Article 4 of the Workers’ Statute.
Firstly, according to the INL, there are the specific “organisational and production needs” required by the articles of association, so that the application:
Again, according to the INL, the application is also functional to the need for “occupational safety“, given that it:
In addition, the INL pointed out that the device does not allow for the continuous geolocation of the worker. In fact, it is activated only at the time of delivery of the goods and, again, in the event of a request for help from the same worker and is then deactivated again immediately afterwards.
In giving its go-ahead, the INL has dictated a number of conditions, including the following:
data must be retained for a period not exceeding the time strictly necessary for the purposes for which it was collected.