++ BREAKING on platform work in Italy ++ A court in Bologna found that Deliveroo’s algorithm penalized workers that booked shifts and then did not logged into the platform within the chosen zone before the start of the shift THREAD 👇🏼
This, according to the court penalized workers who had previously booked a shift and then could not start working because they were sick or refuse to do so to participate to a strike during the day of the shift
In turn, this amounts to an unlawful discrimination and an illicit restriction to the constitutionally-protected right to strike. The court confirms then that all workers, regardless of their employment status, are constitutionally entitled to the right to strike & its protection
Moreover, it confirms that discrimination and illicit restriction to constitutional rights can occur even where no intent exists, and the discrimination and restriction simply occurs by the operation of an algorithm. Algorithms, therefore, are not immune from judicial review👇🏼
This is all the more relevant because the court ordered Deliveroo to pay damages amounting to 50,000 Euro to the parties. Discrimination can thus cost dearly even if it is indirect and comes from the operation of an algorithm 👇🏼
The case was brought by riders assisted by the biggest m union in Italy, @cgilnazionale Most likely Deliveroo will appeal, but the judgment is anyway a landmark both in Italy and Europe, particularly because it opens to sanctioning indirect discrimination by algorithms

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More from @valeriodeste

23 Sep 20
La principale Corte spagnola ha confermato che i rider di Glovo sono lavoratori subordinati perché la loro autonomia non esiste. Si aggiunge a molte altre pronunce in Spagna e in altri paesi che hanno dichiarato i lavoratori su piattaforma subordinati THREAD 👇🏼
Le motivazioni della sentenza non sono ancora disponibili ma le corti inferiori avevano stabilito che il controllo che le piattaforme esercitano tramite il GPS e i rating dei clienti (cioè le valutazioni che i clienti danno di ogni prestazione) è incompatibile con l’autonomia 👇🏼
Le corti inferiori sostengono che la cosiddetta “flessibilità oraria” cioè la presunta possibilità per i fattorini di connettersi quando si vuole è assente in concreto - i lavoratori sono spesso organizzati in turni - e comunque insufficiente a escludere subordinazione 👇🏼
Read 12 tweets
17 Sep 20
BREAKING: the Italian Ministry of Labour has already ruled that the collective agreement food-delivery platform work cannot be considered signed by the most representative organizations. As such it cannot derogate from the law wired.it/economia/lavor…
The Ministry says: the signatories of the agreement do not meet the tests to be the most representative social partners at the national level, as required by the law. It also notes: the minimum legal requirements to set an hourly remuneration not based on piece-rate are not met
Finally, the Ministry takes exception with the CBA establishing that the riders are freelancers. This is not up to the social partners to decide as the legal classification of work arrangements belongs to the courts
Read 6 tweets
16 Sep 20
Important thread about the national collective agreement signed between food delivery platforms in Italy with a minority union with scarce representativeness to deprive workers of statutory protection. More to follow also later
More info on the collective agreement for food-delivery platform work in Italy, with interesting insights and comments gathered by @Melissahei and @paola_tamma for @POLITICOEurope politico.eu/article/delive…
A few explicatory comments. Italy does not have a legal measurement for representativeness. Any collective agreement is valid if it is not signed by a sham union. Nonetheless the law can give special effects to those agreements signed by the most representative social partners
Read 10 tweets
31 Jul 20
Together with many researchers I deeply admire, I have signed a letter written by @veenadubal and others to express concerns about corporate-sponsored research on the gig economy. THREAD 👇🏼
This kind of research is often based on non-replicable or non-transparent data. It is sometimes based on deeply flawed or biased data collection and it is used to push regulators in the direction platforms want, depriving workers of essential labor rights👇🏼medium.com/@gigeconomyres…
Various platforms have contacted me in the past offering to cooperate on research about the gig-economy. I have never accepted such cooperation because it was evident they wanted to control the narrative of the research output. Saying ‘no’ in this case is possible and a duty
Read 9 tweets
10 Jul 20
Our special issue on Automation, Artificial Intelligence and Labor Protection of the @CLLPJ is finally out cllpj.law.illinois.edu Here is a link to the Introduction summarizing the papers of the SI, written by an interdisciplinary group of scholars papers.ssrn.com/sol3/papers.cf…
In my article, I argue that AI poses vital challenges to workers’ privacy and human dignity, as it enable employers’ surveillance in unprecedented ways. I call for social partners to intervene to govern the introduction and use of these technologies papers.ssrn.com/sol3/papers.cf… Image
.@phoebemoore starts by explaining the different notions of AI comparing them with the concept of human intelligence. She thus gives examples of AI applications in the world of work and examines OSH risks related to them papers.ssrn.com/sol3/papers.cf… Image
Read 15 tweets
30 Jun 20
So, this is HUGE. The EU Commission has started a process today to allow self-employed workers to bargain collectively THREAD 👇🏼
Under existing case law of the EU Court of Justice, employees can bargain collectively over salaries with no fear of competition law. According to the Court also the “false self-employed”, ie independent contractors who work in conditions similar to those of employees can do so👇🏼
The problem is that under this case law it is not always clear who is a “false self-employed”. This risks excluding many vulnerable workers from the scope of collective bargaining ‘cause they are nominally self-employed (think of platform or domestic workers, in some countries)👇🏼
Read 11 tweets

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