On 7 April 2018, the Employment Tribunal of Turin rejected a claim from six riders of the food delivery platform Foodora who asked to be reclassified as employees. The riders argued that they had been disconnected from the platform as a form of retaliation of the company against their decision to go on strike. The judge denied employee status based on the alleged freedom of workers to decide when to work and to disregard previously agreed shifts (Ruling 7/5/2018 n. 778)
Updates (1)
The following recent changes to this court ruling have been recorded.
- 1 April 2025
In 2019, the Court of Appeal in Turin overturned a lower court ruling, determining that Foodora riders were not subordinate employees but were entitled to similar protections.
The court classified them under "hetero-organised" collaborations per Article 2 of Legislative Decree 81/2015, a hybrid between subordinate and autonomous work. This classification was based on the riders' continuous personal work and the company’s control over work times and locations. Despite having some freedom in choosing shifts, riders followed company-defined protocols, faced penalties for delays, and were monitored via GPS. They started from predefined locations, followed platform-established routes, and used company-branded equipment. The decision led Foodora to appeal to the Supreme Court (Cassazione).
24/01/2020: Supreme Court (Corte di Cassazione), confirms the Court of Appeal of Turin's decision.
Motivation for Ruling:
- Hetero-organization: Unilateral control over coordination by the employer.
- Personal and Continuous Performance: Criteria that align with employee status rather than self-employment.
- Anti-elusive Intent: Legislative aim to prevent misuse of contractual classifications.
- No Tertium Genus: Rejection of a middle-ground employment category.
- Platform-mediated Control: Emphasis on digital platform's role in organizing work.