Date
31 October 2025

Tag

Active

Country
Italy Italy
Geographical scope
National
Type
  • Type

    Employment contract

    Legal
  • Type

    Algorithmic management

    Legal
View Court ruling

Description

The Italian Supreme Court (Corte di Cassazione) upheld a 2022 ruling by the Turin court of appeal with a new ruling Sentenza n. 28772/2025, establishing that food delivery riders must be classified as "collaboratori etero-organizzati" (externally organised collaborators). This classification subjects them to protections and rules of subordinate employment, despite their formal contractual autonomy. The dispute centred on whether platforms’ organisational control over tasks and performance justified reclassifying riders as employees. The Court rejected the companies’ argument that owning personal tools (e.g., bikes) alone justified independent contractor status.

Defendant’s claims

  • The platform organizes task allocation (e.g., assigning delivery routes via apps) and sets operational rules (e.g., delivery time limits).
  • The app provides real-time route instructions, performance metrics, and customer ratings to guide riders.
  • Platforms monitor activity (e.g., GPS tracking, penalties for missed deliveries) and enforce compliance with service standards.

The companies argued that riders’ use of personal bikes and lack of exclusivity (e.g., working for multiple platforms) supported independent contractor status.

The Court For employment status (as "collaboratori etero-organizzati"), applying the rules of subordinate labour..

Motivation for ruling

  • Organising: The platform’s continuous and systematic organisation of tasks (e.g., route assignments, delivery windows) meets the criteria for external organization under Article 2 of D. Lgs. 81/2015.
  • Staffing: Riders cannot freely substitute their services (personal nature of the work), a key indicator of subordination.
  • Directing/leading: Real-time monitoring and performance metrics (e.g., ratings, penalties) demonstrate control over task execution.
  • Controlling: The platform’s enforcement of operational rules (e.g., disconnection for non-compliance) reflects employer-like sanctioning power.
  • Irrelevance of personal tools: Ownership of a bike or motorbike does not negate the platform’s organisational dominance.

The ruling anticipates Italy’s transposition of the EU Platform Work Directive (2024/2831), which introduces a presumption of subordination for platform workers. IN addition, this sentence indicates a shift in judicial reasoning, with the Court prioritising the organisational control of platforms over formal contractual labels (e.g., "independent contractor").


Additional metadata

Keywords
autonomy and control, algorithmic management, employment status
Actors
Platform, Individual worker, Court
Sector
Transportation and storage
Platforms
Uber Eats

Sources

Citation

Eurofound (2025), Italy’s Supreme Court Classifies Food Delivery Riders as Subordinate Workers (Court ruling), Record number 4517, Platform Economy Database, Dublin, https://apps.eurofound.europa.eu/platformeconomydb/italys-supreme-court-classifies-food-delivery-riders-as-subordinate-workers-110266.