Italy: measures to protect delivery riders definitively adopted

Adopted definitively by the Italian parliament on 31 October, the decree-law to regulate the work of meal delivery riders (see article n° 11336) finally creates a two-tier system. On the one hand, the new law (128/2019) modifies the framework that exists in Italy for so-called “ongoing and coordinated collaboration”, a hybrid status, also referred to as “para-subordinate”, whereby some of the protections of the regime for employed persons apply to “mainly personal and ongoing work services, of which the mode of execution is organised by the customer”, including when the work is organised by digital platforms. In essence, delivery riders for whom the work is their main job and who work on an ongoing basis, will be afforded protections under the aforementioned framework for collaborations and will no longer be considered independent workers. On the other hand, casual riders will remain independent, while benefiting from certain guarantees. The text calls on representative social partners to put in place collective agreements to define pay criteria. In the absence of a collective agreement, the remuneration cannot be based on the number of deliveries made: a minimum hourly wage must be established taking into account the minimum wage under collective agreements in similar sectors. In addition, a supplement of “no less than 10%” must be granted for deliveries at night, on public holidays or during adverse weather conditions. The provisions on pay will come into effect in one year’s time. The law also prohibits platforms from excluding certain delivery workers or limiting their work opportunities if they do not accept certain deliveries. The meal delivery platforms will finally be subject to workplace health and safety standards and will have to insure their delivery riders against accidents at work.