Lawyer Monthly Magazine - May 2019 Edition

obligates the workers to make the deliveries that are forwarded to them during the time of availability that they previously indicated and that the chief of the fleet has approved (there is no longer, as it used to, a system for awarding time slots). At the time (co-)decided, the worker will have to go to one of the starting areas, predetermined, activate the app of the platform (which entails localization), and wait for the order. Each time a delivery request is sent to the rider, the latter is completely free to accept it or not, however, if the request is accepted, the assignment will have to be carried out within a determined number of minutes. In regards to compensation, on the other hand, according to case studies, both hourly fees and variable fees are used depending on the deliveries made, and, frequently, some systems of remuneration are used which combine the two factors. Finally, a rider has to declare that they have a mean of transport to make deliveries (which can be a bicycle, a scooter or a car) and a smartphone with adequate internet connection, while the safety devices and transport equipment are generally leased. What are theactions respectively taken by gig economy actors in Italy, and what are their claims? One of the most critical issues Thought Leader THE GIG ECONOMY Luca Daffra and Sergio Passerini, Ichino Brugnatelli e Associati believing that the strong socio- economic dependence that binds them to the platform makes it unfair to exclude them from the typical protections granted to workers under dependent employment. Before focusing on the topic, let’s have a look at the data regarding this phenomenon. According to various reports in 2018 (McKinsey data), in the United States and Europe, the gig economy industry is expanding rapidly and, to date, provides a job to about 2.5% of the total employed population. In Italy too, the phenomenon is well present, even if slightly below the average, affecting about 2.03% of the employed (DeBenetti-INPS data). If it is interesting to note that only 12% of these are riders, it must also be said that for 25% of Italian gig workers, work on demand is the only source of income. How are the contracts for gig workers and, more specifically, for riders structured? These relationships generally take the form of coordinated and continuous collaborations, although it is not uncommon for such relationships to be declined under other types of self-employment; the common feature of all contractual texts on the subject is, in fact, the express exclusion of any form of subordination of gig workers in carrying out their activities. In the case of riders, in particular, the contract text normally algorithms, that the orders of the thousands of users registered to the service are coordinated and processed centrally. From the development of such platforms and applications for smartphones, a new type of work was created, which rather than “on call” could be defined as “work noticed via app” or, simply, “on demand”. On the one hand, you can order almost any kind of food and other goods from your sofa, yet on the other hand, all you need is a bike and a smartphone and you can become a rider and respond through the app to that particular order. This management method, suitable for converting a large number of requests on few and large managers, has ended up questioning the very essence of the “odd job”; i.e., it soon becomes a reoccurring job, given that the keenest gig workers may receive even a significant compensation in return of their work. Similarly, the substantial stability of the rider - app relation has led to strong criticism of the classification of gig workers as self-employed, Firstly, what do we mean by the gig economy? It is the so-called “economy of odd jobs”, i.e. those activities, usually occasional, that have always beencarriedout onaside the main occupation, either to “round up” a monthly wage, or by a student or someone without a fixed occupation, etc. We are talking about services that can range from home delivery to babysitting services, from the use of your car as a taxi, to private lessons. The gig economy, hence, owes its name to the sporadic and extemporaneous performance typical of these types of jobs, since “gig” is a term used to indicate small and improvised musical performances, which usually are rendered without a specific frequency and especially without any obligation of service. The revolution of the last few years - which has sparked a debate on the potentials and criticalities of the development of this sector – is due to the fact that large digital platforms have taken over the management of “gigs”, and it’s through their THE GIG ECONOMY COMPLEX: WILL WE EVER FIND A WAY TO MAKE IT WORK? From the definition of Gig Economy to the claims of its protagonists: on one side, is the convenience of home delivery which has become customary, and, on the other, the claim of decent wages and safety at work. Courts all over Europe are increasingly discussing gig worker issues, resulting in outcomes that are not always consistent. Via Mascheroni, 31 - 20145 Milano | Tel: 02.4819.3249 | Fax: 02.48100.102 Email: luca.daffra@ichinobrugnatelli.it / sergio.passerini@ichinobrugnatelli.it | www.ichinobrugnatelli.it MAY 2019 62 T t L r www. lawyer-monthly .com