Social protection for self-employed delivery platform workers
In November 2019, the Italian Parliament converted into law the Decree no. 101/2019. Law no. 128/2019 provides a reference framework for delivery platform workers, in view of clarifying terms of employment, provide basic protections and promote collective bargaining.
The reform is addressed to self-employed platform workers of delivery platforms, who use bicycles and motorised vehicles for delivery. The reform intends to guarantee for these workers the same working conditions as those of permanent employment contracts.
The following rules apply:
- The platform must provide to the worker a written employment contract containing all relevant information for working conditions and safety and health;
- Social partners can define wages via collective bargaining, taking into account the platform model of delivery activities and working conditions;
- In absence of collective bargaining in place for a platform, the wage cannot solely consist of a remuneration per delivery. It must have a fixed minimum wage, based on minimum wage levels established in comparable sectors by collective bargaining at national level;
- The collective bargaining agreement must also contain clauses to remunerate night work, weekend and holiday work, and work during unfavourable weather conditions, which must be at least 10% higher than the standard pay;
- Workers are protected by anti-discrimination legislation;
- The platform cannot exclude workers or reduce their work opportunities as consequence of non-acceptance of delivery proposals sent by the platform;
- Personal data must be protected;
- Self-employed workers have guaranteed access to a social protection package, including a daily indemnity for illness, hospital stay, and a guarantee of maternity and parental leave.
The law protects digital platform workers against discrimination providing similar freedoms and guarantees with respect to dignity at work as for employees. Moreover, it guarantees access to the relevant digital platform and states that the platform cannot exclude workers or reduce their work opportunities to sanction the refusal to carry out one delivery (art. 47-quinquies).
The law establishes a joint Observatory at the Ministry of Labour and Social Policies. The Observatory is chaired by the Minister or a delegate and includes amongst its members employer and trade union representatives appointed by the representative social partner organisations at the national level. The Observatory will assess the effects of the provisions on digital platform work (Section V-bis of law. 81/2015) and can propose amendments based on analyses of changes in the labour market (art. 47-octies). The observatory does not have inspection or sanctioning powers.
- Legislation, Provision of insurance and social protection