Description
In November 2020, the Court of Palermo ruled that the Spanish delivery platform Glovo had to classify its couriers as full-time employees. A courier had taken the case to court with the help of a local branch of the Italian General Confederation of Labour (CGIL) to denounce Glovo for deactivating his account. As a result, Glovo was urged to pay the courier per hour instead of on a per-delivery-basis.
The dispute was about the correct classification of employment status, specifically whether a rider (ciclo-fattorino) working for a food delivery platform (Foodinho, acquired by Glovo) was an employee or a self-employed worker.
The defendant (the rider) claimed to be an employee, arguing that:
- The platform's algorithm entirely organized their work
- They were subject to the platform's organizational power and disciplinary actions
- They had to be available and connected to the app, even before receiving assignments
- The platform controlled their work schedule and assignments
- The Court ruled in favor of the rider, recognizing them as an employee.
The ruling was made at the first instance level (Tribunale di Palermo, sentenza n. 7283/2020).
The motivations for the ruling in favour of employee status include:
- Organizzazione del lavoro (organization of work) by the platform's algorithm
- Potere organizzativo (organizational power) exerted by the platform
- Controllo degli orari (control of schedules) and assignments
- Dipendenza economica (economic dependence) on the platform
- Subordinazione (subordination) to the platform's rules and discipline
- Keywords
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employment status
- Actors
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Platform,
Individual worker,
Employee organisation,
Court
- Sector
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Transportation and storage
- Platforms
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Foodinho
Sources