15 February 2023



Italy Italy
Geographical scope
  • Type

    Employment contract



Glovo, the Spanish headquartered food delivery company which is owned by German multi-national Delivery Hero, has been ordered by the Milan Labour Court to re-instate a fired individual as a full-time employee. The Court has deemed that the rider should have all the rights of an employee, as such, the individual will be reinstated under the collective agreement conditions of €1400 per month for 14 months, as well as be reimbursed lost salary and payment of costs for the proceedings (€6000):

‘a compensation allowance commensurate with the last reference salary for the calculation of the severance indemnity in the amount of € 717.88 gross per month from the date of the dismissal until the effective reinstatement (deducting what the worker has received for carrying out other work activities as well as what he could have received) plus interest and monetary revaluation "and" to pay social security and welfare contributions from the day of dismissal until the day of effective reinstatement’.

This case has been ruled under the Job Act, per article 2 of legislative decree 81 of 2015. The Supreme Court observed that ‘collaborators’ (collaborator) who participate in the business of a company on an ongoing basis and are organised by clients ‘with reference to the times and places of work’, are entitled to benefit of the same conditions as subordinate workers (the so-called ‘hetero-organization’, a sort of third-type classification, halfway between an employee in all respects and an external ‘collaborator’), the delivery ‘men’ of food delivery apps fall into this category.

The individual who was fired for an illegitimate act during his work was judged not on the act itself, but in reverse, assessing first the employment relationship in which the individual was engaged in. Here, the Court ruled the individual should be subject to all terms and conditions of a standard employee as there is a ‘hetero-direction’ of subordination between employer and employee. This re-classification of worker was also supported in the Court in Turin. It was judged that there was subordinate control of employer over platform workers, and thus there was a tradition employment relationship.

Additional metadata

employment status
Platform, Individual worker, Court
Transportation and storage



Eurofound (2023), Milan: Court rules Glovo must employ a rider (Court ruling), Record number 4256, Platform Economy Database, Dublin,