---

Description

The Milan Labour Court ruled on 10 September 2018 (Judgment No. 1853) that riders working for Foodinho (a subsidiary of Glovo) are not employees but self-employed workers. This aligned with a similar first instance ruling by the Turin Court in May 2018 regarding Foodora riders (later overturned).

The court decided against Mohamed Adel Naguib Mohamed Elazab, who claimed he was employed by Foodinho as a subordinate worker. Despite his assertion of a full-time schedule and company oversight, the court found that Elazab had considerable autonomy in choosing his work schedule and was not obliged to accept delivery tasks. His compensation was variable, based on deliveries rather than a fixed salary. The court determined that the relationship did not meet the criteria for employment under the Jobs Act, as Elazab's work was not sufficiently controlled by the company. As a result, the court rejected his claim for reclassification as an employee and associated benefits.

The decision was based on an analysis of working conditions, highlighting: * Autonomy in Scheduling: Rider had discretion over when and how much to work. * Lack of Subordination: No fixed work hours or obligation to accept deliveries. * Compensation Based on Deliveries: Variable pay based on deliveries, not fixed salary. * Article 2 of Jobs Act: Not applicable as the rider controlled their work schedule and execution.

However, refusal or non-selection of deliveries affects their "loyalty score," which influences their ability to book preferred slots in the future.

---

Additional metadata

Keywords

algorithmic management

Sector

Accommodation and food service activities

Platforms

Foodinho

Sources

• Sentenza n. 1853/2018 pubbl. il 10/09/2018 (10 September 2018)
• Gig economy: i riders non sono lavoratori subordinati (10 September 2018)

Related initiative

• Turin Tribunal Denies Employee Status for Foodora Riders - overturned

  On 7 April 2018, the Employment Tribunal of Turin rejected a claim from six riders of the food delivery platform Foodora who asked to be reclassified as employees. The riders …

  • View