Sui lavoratori che operano mediante piattaforme anche digitali, sui riders e il ragionevole equilibrio della Cassazione 1663/2020 WP C.S.D.L.E. “Massimo D’Antona”.IT – 411/2020 = On workers who operate through digital platforms, on riders and the reasonable balance of Cassation 1663/2020. WP C.S.D.L.E. “Massimo D’Antona”.IT – 411/2020

Passarelli, Giuseppe Santoro (2020) Sui lavoratori che operano mediante piattaforme anche digitali, sui riders e il ragionevole equilibrio della Cassazione 1663/2020 WP C.S.D.L.E. “Massimo D’Antona”.IT – 411/2020 = On workers who operate through digital platforms, on riders and the reasonable balance of Cassation 1663/2020. WP C.S.D.L.E. “Massimo D’Antona”.IT – 411/2020. [Working Paper]

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Abstract

The purpose of this work is to assess how art. 2, paragraph 1, of Legislative Decree no. 81/2015 determines, like art. 409 no. 3 c.p.c., a category of relationships of various origins characterised by a situation of social sub-protection imperatively and fully includes the discipline of salaried employment. Moreover, the article does not provide for a new legal type of employment, such as project work or even its own discipline. Furthermore, this work analyses the anti-avoidance function of art. 2, paragraph 1, and the extension of the scope of application of art. 2 paragraph 1 to weak self-employed workers. Coordination is, now, not a unilateral power but the result of an agreement between the parties pursuant to art. 15 of law no. 81/2017. For this reason, it is appropriate to analyse the regulatory differences between employer-organised work and coordination. In addition to this, according to art. 2 paragraph 2 only collective bargaining can identify a different discipline from salaried employment and not the theoretical and practical operator. Finally, this work addresses the ongoing issue of fixed and periodic riders in relation to the different applicable normative.

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