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Glovo he has The duty hire her horse rider come employee, full time and permanent. Not only that: you must also pay for it with a hourly wage, therefore, not per piece as it has done so far, and apply i Minimum wages provided for by the collective agreement of the Tertiary. A sentence arrives in Palermo that, in its own way, is destined to make the history of the world of work in the gig economy. Because for the first time in Italy a court requires a food delivery platform of recognize subordination to a delivery man.
Clear victory for him Nidil Cgil di Palermo, who supported the worker in the case. And, in general, the best result that came out of the judicial offensive that the national CGIL launched in recent months against the applications that they deliver food home. Indeed, what was decided by the judge of the Sicilian capital goes even further than what was already achieved at the beginning of 2020 with the Cassation: in that case, it was established that motorcyclists must remain formally classified as autonomous, but being “Heteroorganized“They are still entitled to most safeguards provided for employees, starting from salary. Today, however, this decision causes the employee to obtain a full loot – a real employment contract employee. In short, a “steady job”.
The collaboration of this dealer with the Spanish multinational began at the end of 2018. Approx. ten hours a day in the chair, paid with “delivery” fees. The system whereby you earn only for the amount of meals you transport, in short, and not for the time that you are still available. Meanwhile, he also became a very active trade unionist, reaching out to Nidil. So much so that, in March 2020, after making statements to the local press that Glovo obviously did not like, it was “disconnected“From the platform. Basically, they fired him, prevented him from logging in and receiving orders (and thus making money). With lawyers Carlo De Marchis, Matilde Bidetti, Sergio Vacirca me Giorgia Lo Monaco, filed an appeal before the Court of Palermo. The fact of having filed the lawsuit has already brought the first fruits: the company has it reconnected to the system, allowing you to get back to work.
But at the time, the CGIL’s goal was to prove that these employees are actually gods. employees, falsely pigeonholed into self-employment solely for the purpose of saving costs. At the end of October, the judge has proposed Glovo will hire the rider as an employee to close the case with a settlement. However, the magistrate’s suggestion was not accepted and therefore the matter was decided with a judgment. A measure that totally smiles at the delivery man. Between Glovo and the appellant we read that “there is a subordinate, full-time and permanent employment relationship to be placed at the sixth level of the CCNL of Distribution and Tertiary Services.” the the dismissal was declared “ineffective”, therefore, the company is obliged to reinstate him in his job and he is sentenced to pay approximately 13 thousand euros “in respect of salary differences”.
The news comes just as the Ministry of Labor is up and running negotiations for the national pilot contract. The signed between l’Assodelivery (Deliveroo, Glovo, Uber Eats and Social Food) e the Ugl states that passengers remain autonomous and are still paid by the number of deliveries. The deal was solid rejected by the ministry technicians, while Just Eat has already unchecked announcing that from 2021 it will hire the delivery men as employees. The others want to continue on the road, but the union hopes that the ruling will allow them to reverse the course. “Today we all win – comments Andrea Gattuso of Nidil Palermo – not only the CGIL, Nidil or the rider, but all the employees who in recent months have mobilized and have maintained a large sector of the economy allowing to keep open premises that would have closed. We hope that the platforms will be able to take note of this and change registers, going beyond the autonomous approach ”.
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