Date
20 November 2020

Tag

Active

Country
Italy Italy
Geographical scope
National
Type
  • Type

    Employment contract

    Legal
View Court ruling

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

Additional metadata

Keywords
employment status
Actors
Platform, Individual worker, Employee organisation, Court
Sector
Transportation and storage
Platforms
Foodinho

Sources

Citation

Eurofound (2020), Palermo Court Recognises Rider as Employee (Glovo) (Court ruling), Record number 2272, Platform Economy Database, Dublin, https://apps.eurofound.europa.eu/platformeconomydb/palermo-court-recognises-rider-as-employee-glovo-106119.