With Legislative Decree 101/2019, converted into Law 128/2019, the Legislator intervened to protect workers involved in home delivery of food by bicycle or scooter, better known as “riders”.
The aforementioned law, introducing an ad hoc regulation for these self-employed workers, has included in the Legislative Decree 81/2015 a new head, the V bis ("Labour protection through digital platforms"), establishing, in particular, art. 47 bis, that "the provisions of this chapter establish minimum levels of protection for self-employed workers who carry out goods delivery activities on behalf of others, in urban areas and with the help of velocipedes or motor vehicles [...] through platforms including digital ones. "
Riders have therefore become a category of (self-employed) workers recognised and protected by our legal system.
First of all, it has been established that individual contracts for this type of worker must be proven in writing and that the latter must receive all information useful for the protection of their interests, rights and safety.
With regard to the remuneration due to riders, the Legislator has provided that collective agreements entered into by the trade unions and employers’ organisations that are comparatively more representative at national level can define their determination criteria, taking into account the procedures for carrying out the service and the organisation of the client; and that, in the absence of collective discipline, the worker must not be remunerated on the basis of the deliveries made, but with a minimum hourly fee based on the minimum levels established by national collective agreements of similar or equivalent sectors signed by the aforementioned organisations.
A supplementary allowance is also to be provided for the workers in question for the work done at night, during holidays or in unfavourable weather conditions; an indemnity established by collective bargaining in a measure of not less than 10% (of the agreed hourly remuneration) or, in the absence of a collective provision, by decree of the Ministry of Labour and Social Policies.
Finally, the Legislator has equated riders with subordinate workers as regards anti-discrimination protection and freedom and dignity of the worker, in any case subjecting them to the compulsory insurance coverage against accidents at work and occupational diseases provided for by law. (CP)
