The subscription of a national collective agreement of work for the discipline of the delivery of goods on behalf of others carried out by self-employed workers, the now well-known riders, including Assodelivery, the association that effectively represents all groups operating in the sector, and the national confederation Ugl constitutes an event ( moreover already defined, albeit with some approximation, "illegal" by the Minister of Labor Nunzia Catalfo) destined to arouse fierce controversy in the field of trade union relations.
But, more concretely, it could also solicit the careful attention of the magistrates called to decide on the request for the transformation of an employment contract defined as autonomous into a subordinate employment contract. The agreement just signed tries to give an answer, albeit limited, to a segment of that sector whose activities are carried out through platforms that "intercept" the work carried out by workers whose legal nature it can, rightly but not necessarily, be defined as self-employment.
Actually riders can be considered a component of the gig economy, the odds and ends economy which involves a composite area of subjects who, out of necessity or by choice, as is the case with students, agree to work for a few hours or substantially part-time on the basis of the deliveries made. In these circumstances we understand the absurdity of having abolished the voucher which was still an element of transparency and traceability of a work done. Of course, this is not always the case: a part of the riders, currently unquantifiable, declares that they earn what is necessary to live and that they consider their condition satisfactory and favor the choice of being considered self-employed workers, like taxi drivers who in a city like Milan over 90% are individual entrepreneurs.
On the other hand, even if no official statistics are available, it is enough to observe the streets of the metropolis to understand that the presence of immigrant riders is particularly consistent. This accentuates the need, in order to avoid forms of exploitation, to have clear rules governing the terms of services, remuneration and all further protections and rights for workers. Cgil-Cisl and Uil argue, for now with no luck, that the national transport-logistics contract or that of public establishments should be applied to riders. It is probable that a tough confrontation will open between those who support the figure of the self-employed rider (such as Assodelivery and Ugl) and those who, such as the confederal organizations CGIL, CISL and UIL, claim the nature of an employee.
More than a matter of principle, it is a matter of opportunity, for the simple reason that the CGIL, CISL and UIL confederations also organize self-employed taxi drivers and some non-employee agricultural workers. Of course, how coexist in the same trade union organisation autonomous taxi drivers and taxi drivers who are members of cooperatives (therefore employees) also have full citizenship a contract for employee riders which, however, remains an objective to be conquered: discussions with the ministry of labor may be useful but an agreement with companies is necessary.
On the other hand, the text of the ''National Collective Labor Agreement" for riders signed between Assodelivery and Ugl (diligently translated into English as well) does not seem to take too much account of the boundaries between self-employment and employee work and, moreover , explicitly refers not only to the individual employment contract signed between a digital platform (i.e. the single company) and the "self-employed" rider, but goes so far as to hypothesize an improbable "indefinite self-employment contract". But if one looks at the case in point similar to self-employed taxi drivers (registered with the Chamber of Commerce) one does not find, as is logical, either their national collective agreement or an individual employment contract.
It is true that in the signed text the subjection of the rider to the hierarchical and disciplinary power of the Platform (ie the Company) is excluded, but one wonders whether this statement is sufficient in court. In reading the contract signed by Assodelivery and Ugl, the explicit reference to the independent figure of the rider fades when a set of rights and duties arises which normally define a subordinate employment contract. The risk of falling under a flurry of judgments that recognize the subordinate nature of the work performance is high.
On the other hand the attribution of self-employed worker, with the implicit acceptance of all its positive and negative characteristics it is a sacrosanct right for the riders who claim it. Perhaps, from a legal point of view, an interesting comparison, as well as with the figure of the autonomous taxi driver, could be made with the NCC, the rentals with driver. If it were impossible for riders to adopt existing contractual models, it will be necessary to think of building new ones which it would be appropriate to identify through direct negotiation between the interested parties. In the meantime, the contractual initiative goes ahead and a protocol against illegal hiring is announced for the protection of riders which would be signed with the Prefecture of Milan both by Assodelivery and by a very broad trade union line-up made up of CGIL, CISL, UIL and Ugl.
