Date
25 April 2025

Tag

Active

Country
Italy Italy
Geographical scope
National
Type
  • Type

    Provision of insurance and social protection

    Legal
  • Type

    Employment contract

    Legal
View Court ruling

Description

Deliveroo Italy challenged findings by the Italian Labour Inspectorate, INPS (Social Security), and INAIL (Workplace Insurance). Following a labour inspection, Deliveroo Italy received a joint report from INPS and INAIL on 24 February 2021,which stated that its riders should be classified under legal rules providing employee protections (specifically, Article 2 of Legislative Decree 81/2015 - covering 'hetero-organised' or client-organised collaborations) for the period January 2016 to October 2020. Subsequently, on 8 April 2021, Deliveroo received a second report containing a formal demand for payment of €68,160,875.05 in alleged unpaid social security contributions (primarily concerning INPS) based on the initial classification. Deliveroo took legal action to challenge the validity of these inspection findings, the rider classification, and the resulting financial demands.

This is a first instance ruling from the Labour Section of the Court of Milan (Tribunale di Milano, Sezione Lavoro) Sentenza n. 3237/2023.

Deliveroo presented the following reasons to argue its riders were autonomous and not subject to employee rules:

  • Freedom regarding work schedule: Riders were free to decide if, when, where, and for how long they wanted to use the app and be available for deliveries. They booked available time slots ('slot') via the app.  
  • No obligation to perform: Riders could freely accept, reject, or ignore delivery requests offered via the app, even within a booked slot, without negative consequences.  
  • Freedom of execution: Once a delivery was accepted, riders could choose their own route.  
  • No exclusivity: Riders were free to work for competing platforms or other clients.  
  • Use of own equipment: Riders primarily used their own smartphones and often their own vehicles (bike, car, etc.). While Deliveroo provided branded equipment (bags, etc.), its use wasn't strictly enforced.  
  • Performance metrics interpretation: Deliveroo argued the ranking system ('excellence score' based on reliability and peak hour participation) only affected the priority for booking future slots, not the assignment of work itself or the quality assessment. They denied it functioned as a quality ranking. (Note: Testimony contradicted some aspects of this, linking ranking to feedback ).  

The court ruled largely against Deliveroo and in favour of the Labour Inspectorate/Social Security institutions' main conclusion regarding the application of employee protections under Article 2. However, it modified how the financial consequences (contributions) should be calculated.  

The court found the relationship fell under Art. 2 D.Lgs. 81/2015 ('hetero-organisation'), meaning employee rules applied. Key reasons:

  • Autonomy only in 'Genetic Phase': Riders had freedom only in deciding if and when to make themselves available (the 'genetic' phase).  
  • Lack of Autonomy in 'Functional/Execution Phase' (Hetero-organisation): Once logged in and accepting an order, the rider's execution of the task was heavily organised and controlled by Deliveroo's platform.
  • Directing/Controlling via App: The app dictated a precise, step-by-step workflow (confirm arrival at restaurant, confirm pickup, confirm delivery to customer by clicking buttons).  
  • Controlling via Monitoring: Continuous GPS tracking during delivery. Performance influenced slot booking priority via ranking. Need to check-in within 15 mins of slot start.   * Directing/Controlling via Rules: Behavioural guidelines (respect, cleanliness, road safety) provided via manuals/videos.  
  • Organising/Directing via Task Management: Platform assigned orders based on location; riders generally couldn't handle multiple orders unless assigned as such by the platform.    * Platform dictates 'How': The court found the platform's unilateral imposition of the method of execution ("modalità di esecuzione") was the key element triggering Article 2. This level of organisation by the client (Deliveroo) made the rider comparable to an employee needing protection.  

The court also refused to consider the specific rider agreement (signed with UGL) as overriding Article 2, because Deliveroo failed to prove the signatory union (UGL) was "comparatively more representative" as legally required for such an exception.  

While upholding the classification under Art. 2, the court ruled against the inspectors' calculation of contributions based on a full-time assumption. It found the rule converting part-time to full-time in case of missing proof (Art. 10 D.Lgs 81/2015) was incompatible with the riders' freedom to choose how much to work ('genetic phase' autonomy). Therefore, contributions are due only for the hours actually worked (from login to logout).

The case affects approximately 60.000 riders.


Additional metadata

Keywords
social protection, algorithmic management, working conditions, employment status
Actors
Platform, Court, Administrative authority
Platforms
Uber Eats, Deliveroo

Sources

Citation

Eurofound (2025), Deliveroo vs INPS: Milan Court orders social security contributions for riders (Court ruling), Record number 4480, Platform Economy Database, Dublin, https://apps.eurofound.europa.eu/platformeconomydb/deliveroo-vs-inps-milan-court-orders-social-security-contributions-for-riders-110229.