Description
The Italian Council of Ministers approved the schema di decreto legislativo transposing Directive 2024/2831 on 23 July 2026, in preliminary examination. It was transmitted to Parliament as Atto del Governo n. 433 and assigned to committees on 31 July 2026, with opinions due by 20 August in the Budget Committee and 9 September in the Labour and EU Policies Committees. The Chamber's Labour Committee heard the rapporteur's introductory report on 4 August and adjourned examination on 9 September.
The delegation under which the scheme is adopted, from Articles 1 and 11 of Law 91/2025, expires on 2 November 2026. Article 27 sets entry into force at 2 December 2026.
The scheme applies to all workers, including the self-employed and holders of co.co.co. contracts, in relation to digital platforms that determine the organisation and manner of performance of work carried out on Italian territory, regardless of where the platform is established and including remote or online work.
Article 3 distinguishes a "person performing platform work" from a "platform worker", the latter defined by the existence of a subordinate employment relationship.
Article 4 gives workers contracting with intermediaries the same protections as those contracting with the platform.
Article 5 is the central provision for classification.
From 2 December 2026 it extends the presumption of subordinate employment currently in Article 12 of Decree-Law 62/2026, which applies only to the riders covered by Capo V-bis of Legislative Decree 81/2015, to platform work generally. The presumption operates, subject to proof to the contrary, where facts emerge indicating the existence of powers of direction and control, including through automated monitoring or automated decision-making systems. Article 5(2) adds that the organisation of work by the platform, and the binding character of specific instructions on the content, manner and timing of the work, are factual indicators of direction and control. Article 5(4) allows correct classification to be established in judicial or administrative proceedings or certified by the certification commissions under Articles 75 to 81 of Legislative Decree 276/2003. For contracts entered into before 2 December 2026 and still running, the presumption applies only to the period after that date.
The scheme also transposes the algorithmic management chapter: prohibitions on certain processing of personal data from the start of recruitment (Article 6), a data protection impact assessment obligation (Article 7), transparency duties and a right to portability of data generated through the work, including ratings and reviews (Article 8), human oversight with a report at least every two years and the nullity of any act not taken by a human that limits, suspends or terminates the contractual relationship or closes the account (Article 9), and a right to a written explanation within 15 days and to human review with a written response within 14 days (Article 10). Further provisions cover health and safety including psychosocial and ergonomic risks (Articles 11 and 22), reporting channels for violence and harassment (Article 12), information and consultation with expert assistance at the platform's expense where it employs more than 250 workers nationally (Article 13), transmission of workforce data to the SIISL system (Articles 14 and 15), private communication channels between workers (Article 16), protection against retaliation and dismissal with the burden of proof on the platform (Articles 17 and 18), administrative cooperation including with the European Labour Authority (Article 19), and coordination with the AI Act and Law 132/2025 (Article 20).
Article 25 shifts the obligation to report the establishment of a platform work relationship from the client to the platform itself.
- Keywords
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employment status,
regulatory changes
- Actors
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Government
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On November 11th 2024, the new EU directive 2024/2831 on improving working conditions in platform work was published in the Official Journal of the EU. It ented into force on …
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The Italian Government issued the Decree-Law No. 62/2026 ("Primo Maggio") on 30 April 2026. The decree covers employment incentives, fair wages, and measures to combat digital labour exploitation ("caporalato digitale"). …
Italy
