+++ BREAKING on platform work in Italy +++ A tribunal in Bologna ruled that Deliveroo’s application of the collective agreement signed between Assodelivery and a right-wind minority union in Italy that classified riders as self-employed and imposed piece-rate payments is unlawful
This collective agreement is controversial as it derogates from the law unfavorably for workers and because the trade union signing it is allegedly not representative enough to deregulate statutory protection for workers that are “hetero-organized” google.it/amp/s/www.poli…
“Hetero-organized” workers are self-employed persons who work personally and whose work is organized by the other party, such as riders. These workers get all the employment and labour protection of employees unless a representative collective agreement provide otherwise 👇🏼
After its signature, the ITA Ministry of Labour stated that the collective agreement of Assodelivery could not derogate from the law as the signatory trade union is not representative enough in the sector. The Tribunal’s decision agreed with the Ministry👇🏼 google.it/amp/s/www.poli…
For to the Tribunal, “hetero-organized” workers can file claims for anti-union behavior as they enjoy the same procedural and substantive protection of employees. Also, Deliveroo’s attempt to force riders to accept this non-representative collective agreement is unlawful…👇🏼
… and it is an anti-union behavior because it violates the freedom of association of riders who don’t belong to the minority signatory union. It is also unlawful to dismiss a rider who refuse the minority collective agreeement and Deliveroo should reinstate such a rider 👇🏼
The platform was also ordered to pay damages to representative unions. This decision is not final and doesn’t not bind other local courts but it is clear that a strategy based on the application of the minority agreement is now much shakier and problematic
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