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Higher protection for independent contractors and workers operating through web platforms (“riders”)

 Law no. 128 of 2 November 2019, which converts Decree-Law no. 101 of 3 September 2019, contains provisions aimed at modifying the so-called "Collaborations organized by the employer”, as well as protecting work relationships developed within the new forms of organization of the digital economy (GIG economy), by amending Legislative Decree no. 81 of 15 June 2015.

As a result of such amendments, the rules provided for employment relationships now apply also to independent contractors that perform continuous and mainly (and no longer exclusively) personal activities, organised by the client, even without assignments to places and working hours.
The same regulation is extended to workers operating through platforms, i.e. computer programs and procedures, used by the entrepreneur, that, regardless of the place of establishment, are instrumental to the activities of delivery of goods, by fixing the compensation and determining the methods of execution of the service.
Specifically, Legislative Decree 81/2015 now provides for minimum levels of protection for independent contractors who carry out delivery activities of goods on behalf of third parties, in urban areas, by using two-wheeled vehicles (so-called “riders”).
Such contracts shall be in writing and workers shall be provided with all the information necessary for the protection of their interests, rights and safety. In the event of a violation, the worker is entitled to compensation not exceeding the amount of compensation received in the previous year, determined with regard to the severity and duration of the violations and the conduct of the parties.
From November 2020, the “riders” will no longer be paid on the basis of deliveries made, but they will be entitled to a minimum hourly compensation based on the minimum tables established by national collective agreements of similar or equivalent sectors and to a supplementary indemnity of not less than 10% for work carried out at night, during public holidays or in unfavourable weather conditions.
Personal data protection, anti-discrimination legislation and guaranteed access to platforms apply to these contracts. In particular, the exclusion from the platform and any reduction in opportunities due to workers’ refusal to perform the service are prohibited.
Finally, since 1st of February 2020, the “riders” will be covered for accidents at work and occupational diseases.
 

Publication
CMS Newsletter Italia | 13 novembre 2019
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Authors

Picture of Fabrizio-Spagnolo
Fabrizio Spagnolo
Partner
Rome
Federico Pisani
Federico Pisani
Associate
Rome