Date
18 September 2018

Tag

Active

Country
Italy Italy
Geographical scope
Type
  • Type

    Employment contract

    Legal
View Court ruling

Description

The Milan Labour Court ruled on 10 September 2018 (Judgment No. 1853) that riders working for Foodinho (a subsidiary of Glovo) are not employees but self-employed workers. This aligned with a similar first instance ruling by the Turin Court in May 2018 regarding Foodora riders (later overturned).

The court decided against Mohamed Adel Naguib Mohamed Elazab, who claimed he was employed by Foodinho as a subordinate worker. Despite his assertion of a full-time schedule and company oversight, the court found that Elazab had considerable autonomy in choosing his work schedule and was not obliged to accept delivery tasks. His compensation was variable, based on deliveries rather than a fixed salary. The court determined that the relationship did not meet the criteria for employment under the Jobs Act, as Elazab's work was not sufficiently controlled by the company. As a result, the court rejected his claim for reclassification as an employee and associated benefits.

The decision was based on an analysis of working conditions, highlighting: * Autonomy in Scheduling: Rider had discretion over when and how much to work. * Lack of Subordination: No fixed work hours or obligation to accept deliveries. * Compensation Based on Deliveries: Variable pay based on deliveries, not fixed salary. * Article 2 of Jobs Act: Not applicable as the rider controlled their work schedule and execution.

However, refusal or non-selection of deliveries affects their "loyalty score," which influences their ability to book preferred slots in the future.


Additional metadata

Keywords
algorithmic management
Sector
Accommodation and food service activities
Platforms
Foodinho

Sources

Citation

Eurofound (2018), Milan Labour Court; Foodinho; Riders Not Classified as Employees. (Court ruling), Record number 4471, Platform Economy Database, Dublin, https://apps.eurofound.europa.eu/platformeconomydb/-milan-labour-court-foodinho-riders-not-classified-as-employees-110220.