Suddenly, the App with which notifications arrive with the delivery addresses of the most disparate foods, is silent: «disconnected». Marco Tuttolomondo, 49-year-old rider from Palermo, did not expect this digital “dismissal”. So, after consulting with his union, CGIL-Nidil, Tuttolomondo relies on their lawyer to distrust the multinational delivery company Glovo. Soon we get to the stamped papers and the case arrives on the table of Paola Marino, judge of the labor court of the Sicilian capital who makes an attempt at conciliation and a figure is quantified for a possible transaction. Legal skirmishes continue but no agreement is reached. Yesterday here is the sentence: permanent employment, with a sixth level classification of the collective agreement of the Tertiary sector. There’s more. The judge also ordered that the company pay the difference between the remuneration paid for self-employment and that which would have been due if it had been hired for an indefinite period starting from the day of disconnection until the actual reinstatement.
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The “historic” sentence
“It is a historic sentence, which goes towards the recognition of the rights and protections for riders – explains Andrea Gattuso the general secretary Nidil Cgil Palermo, – and now we expect a change of course from the platforms that insist on considering these workers as autonomous and it could stem the proliferation of similar employment contracts in other sectors for tasks that are typical of the hired. The union adds a suspicion to the affair: «Tuttolomondo had participated in a broadcast on a local TV, denouncing the difficulties experienced at work and shortly after the App was blocked. Before, he fought for the company’s supply of anti-Covid Dpi to riders ».
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The replica
The multinational, however, replies curtly: “We take note of the sentence and we are waiting to know the reasons on which we reserve every evaluation but we regret to see how the story was reported incorrectly, starting from facts that do not correspond to reality”. Furthermore, «as pointed out during the hearings, the suspension of the rider’s account follows an internal automated procedure applied to everyone. The untimely reactivation is due to a technical problem which has been remedied and which is totally outside the rider’s trade union affiliation, of which the company was not aware, as well as from the presentation of his appeal at a later date “.
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The reflections
Now we are discussing the consequences of the sentence. The rider’s lawyer, Giorgio Lo Monaco, underlines how “the sentence even exceeds that of the Supreme Court in which a so-called hetero-organized employment relationship was recognized to a rider while the Palermo judge established that the relationship is subordinate. We await the reasons for the sentence but they create an important precedent ». For Vincenzo Ferrante, lecturer in labor law at the Catholic University of Milan “it is a courageous sentence but the case must be assessed specifically”. For the professor there are two key elements: «Probably the judge of Palermo will have assessed that the cyclofactor worked for the platform exclusively, continuously and for a considerable number of hours every day. Then he will also have evaluated the aspect of the rider’s willingness to be checked by the company. Elements that are not justified by self-employment ».
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November 23, 2020 (change November 23, 2020 | 22:32)
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