On 2 November 2019, the Official Journal published Law no. 128 converting Decree Law. 101/2019 containing urgent provisions for the protection of employment and for the resolution of corporate crises (i.e., the “Business and Corporate Crises Decree“). The law confirms the classification of riders in the context of the partnerships referred to in Article. 2 of Legislative Decree. 81/2015, with the consequent amendment of the general definition of “partnership agreement” to the subordinate employment contract. In fact, the governance of the subordinate employment contract applies to partnership agreements that result in predominantly (no longer “exclusively“) personal and ongoing labour, the methods of execution of which are organised by the (having repealed the provision “partly with reference to the time and place of work“). It is provided that (i) the employment contracts of riders must be entered into in writing and (ii) the riders themselves, in the absence of the written form, are entitled to compensation that may not exceed the remuneration received in the last year, determined with regard to the conduct of the parties and the severity and duration of the breach. In addition, it is provided that the remuneration of riders is defined by collective agreements, expressly prohibiting payment by the job. Riders are also guaranteed compulsory insurance cover against accidents at work and occupational illness.
At its meeting of 23 October 2019, the Senate approved the draft law converting Decree-Law No 101 dated 3 September 2019, containing urgent provisions for the protection of employment and for the resolution of corporate crises (the so-called business and corporate crises decree). With specific reference to riders working with digital platforms, the application of a different protection regime has been envisaged. Employment protection is specifically provided for those who have a permanent and hetero-organised employment contract. On the other hand, riders who work occasionally and on a self-employed basis are granted minimum levels of protection. Specifically, the latter are (i) guaranteed coverage against accidents and occupational illness, the costs of which are borne by the customer and (ii) paid a minimum hourly fee based on the minimum tables provided for by the National Collective Bargaining Agreements and equivalent agreements. There is also an obligation to draw up individual contracts in writing and it is stipulated that workers must receive all the information necessary for the protection of their interests, rights and safety.