Minimum Legal Framework for Gig Workers

New Legislation Enacted

New Decree Law n. 101/2019, effective on September 5, 2019, introduces a minimum legal framework for gig workers, providing the applicability of the discipline of subordinate employment relationships. The remuneration of the riders can be determined on a piecework basis, but not to a prevailing extent. The eventual hourly remuneration provided for by collective bargaining agreements will be recognized for each working hour on condition that the rider has accepted at least one call. Additionally, riders shall be subject to the discipline for subordinate employees concerning insurance coverage for accidents at work and occupational disease.

It Is Unlawful to Dismiss an Employee Who Refused to Work on a Day of Required Holiday

Precedential Decision by Judiciary or Regulatory Agency

On July 15, 2019, the Supreme Court ruled that it is unlawful to dismiss an employee who refused to work on a day of required holiday. The right of the employee to not work on mandatory holidays (in this case, May 1st, Workers’ Day) cannot be waived at the sole request of the employer. Rather, a specific agreement between the parties would be required, also in the form of a collective agreement entered into by unions, to which the employee has given a specific mandate for this purpose.

Compatibility of the Ownership of Corporate Offices with Employee Status

New Regulation or Official Guidance

On September 17, 2019, the Italian Authority for Social Security Contributions reaffirmed the criteria of compatibility of the ownership of corporate offices and the performance of subordinate employment activities for the same company. Namely: 1) the ownership of the decision-making power in the hands of the Board of directors; 2) the existence of a subordination relationship with respect to the Board of directors as a whole; 3) the performance of tasks as an employee, unrelated to the role of director.

The Processing of Personal Data

Important Action by Regulatory Agency

On July 29, 2019, the Italian Data Protection Authority (IDPA) issued new provisions on the processing of personal data, applicable to all the subjects who process personal data to select candidates, establish, manage or terminate any kind of employment relationship. Under the IDPA, during the selection process, the processing of data concerning health or revealing ethnic origin (even if explicitly mentioned in the CV) is permitted only if essential to evaluate the applicant or to comply with specific legal provisions (e.g., minimum number of jobs reserved for disabled individuals). After the hiring, the processing of personal data revealing ethnic origin, religious beliefs, or trade union membership is prohibited, unless it is necessary for the granting of work permits related to religious festivities, for the provision of the cafeteria service or to exercise trade union rights.