Date
14 February 2023

Tag

Active

Country
Italy Italy
Geographical scope
Local
Type
  • Type

    Employment contract

    Legal

Description

In an unprecedented ruling for the Court of Appeal in Milan, Italy, Deliveroo was ordered to uphold a previous ruling determining that the on-demand delivery rider, Giuseppe Di Maggio, must be employed under the terms and conditions of a standard employment relationship. The court proceedings were originally brought forward by Giuseppe Di Maggio who believed he was engaged in an employment relationship, rather than working as a self-employed individual.

The presiding judge stipulated that Article 2 of the Jobs Act must be established and upheld between employer and employee. As a result, Di Maggio will gain a full-time contract on a 40-hour per week basis for a period of 14 months. A member of the trade union UILTuCS, Di Maggio was assisted by trade union representatives as well as lawyers from Paganuzzi studio.

As such a ruling has not been upheld in the Court of Appeals in the past, it has set an important precedent for other riders to lodge their own court cases. Further, UILITuCS played a large role in the case and so this has been celebrated as an example of their progress over the last years. UILTuCS National Secretary, Gennaro Strazzullo, has stated that this result strengthens their position in negotiations with the platform owners’ association Assodelivery and Confcommercio. It proves that while judicial enforcement is not the first course of action, the legal system can be a useful resource in their campaign for better working conditions in the platform economy.


Additional metadata

Keywords
representation, industrial relations, social dialogue, income, taxation, employment status
Actors
Platform, Individual worker, Employee organisation, Court
Sector
Transportation and storage

Sources

Citation

Eurofound (2023), Milan Court of Appeal judges Deliveroo delivery rider must have employment status. (Court ruling), Record number 4265, Platform Economy Database, Dublin, https://apps.eurofound.europa.eu/platformeconomydb/milan-court-of-appeal-judges-deliveroo-delivery-rider-must-have-employment-status-110028.