BREAKING FROM ITALY ON PLATFORM WORK. The office of the public prosecutor in Milan together with specialized law enforcement issued sanctions towards the biggest delivery platform amounting to up to 733 MILLION EURO (not a typo!), according to @repubblicagoogle.com/amp/s/milano.r…
These sanctions are linked, according to them, to alleged violations of health and safety regulations. The investigation was prompted by occupational accidents some riders suffered in the past months
The prosecutor ordered these platforms to hire up to 60,000 riders as employees. According to the investigation, the platforms allegedly engage in illegal gangmastering enabled by artificial intelligence and algorithmic management.
This is huge but we don’t have much more information for the moment nor it is clear how the platforms will react to these allegations. Most likely they will challenge them, as it is normal (and their constitutionally protected right) for a criminal investigation. More to follow
UPDATE. It seems it is an initiative of the labour inspectorate, that also needed some backing from the prosecutor because some of the alleged health and safety offenses could potentially be of a criminal nature. All this warrants a lot of caution in telling the story
UPDATE @sole24ore reports that the authorities ordered to engage riders not as fully fledged employees but within the intermediate “parasubordinate” status, which implies better social and insurance protections than the current status of the riders ilsole24ore.com/art/deliveroo-…
UPDATE: it seems the authorities refer to a special category within the intermediate status of parasubordinate work, called “etero-organizzazione”. Workers in this category get all labor, employment & social protection unless a representative collective agreement says otherwise.
Sorry, didn’t mention the source: this is the article from @fattoquotidiano referring to parasubordinate work and to the 2019 judgment of the Italian Supreme Court whereby riders are defined as etero-organizzati ilfattoquotidiano.it/2021/02/24/pro…
And this is the press release from the national labour inspectorate that refers to the statutory provision on etero-organizzazione ispettorato.gov.it/it-it/notizie/…
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++ 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
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 👇🏼
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
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
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
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
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…
.@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…