Clifford Chance

Client Briefing - Workers In The Gig Economy: Foodora Bike Couriers

28 June 2018

On 7 May 2018, the Court of Turin published its opinion and reasoning in the context of the legal action commenced by Foodora's delivery bike couriers, who had sought a ruling from the Court finding that their employment status was subordinate employment. In its ruling, the Court of Turin denied the claims and requests of the delivery couriers.

The reasoning of the Court is based principally on the finding that the couriers were not bound to perform the delivery service, rather they could decide whether to accept (or not) each and any request to deliver. On this basis the Court has deemed that Foodora has no opportunity to exercise organisational powers and has no authority to direct the workers.

This is the first ruling by an Italian Court that addresses the status of workers in the Gig Economy. English Courts, on the other hand, have ruled in certain cases involving these new employment relationships: however, the substantial differences between the various types of working activities have supported varying determinations by the English Courts, each based on different elements of the working activities.

In its ruling the Court of Turin stated that other important issues relating to the Gig Economy remain open, such as whether these workers are adequately remunerated, which it was not in a position to address given that the cause of action before it focused exclusively on job status.

Therefore, it is reasonable to expect developments in this field, on which legal scholars and writers are also focusing their attention.

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