Di prossima pubblicazione in DML.

Lo scritto è frutto di una riflessione comune. In ogni caso Cinzia De Marco è autrice dei §§ da 1 a 5, e Alessandro Garilli dei §§ da 6 a 9.

The essay analyses art. 2 legislative decree 81/2015 within the broader context of the debate on the qualification of the contract of employment. In particular, the work deals with the two relevant theses on the nature of the employment relationship of the riders, subordinate and hetero-organized: the former tries to adapt and contextualize the index of subordination to platform workers; the latter highlights the innovative scope of the new rules on hetero-organized work, equalized to subordination in terms of regulation, but still considered as a kind of self-employment. The different positions on the qualification are very well embedded in most recent jurisprudence on the riders, and in the difficulties of the legal reasoning due to the patchwork legal framework and the continuous changes of the organization of platform work. Unfortunately, apart from legislative rules – art. 2 and arts. 47bis et seq. introduced in 2019 and specifically devoted to riders – there is a lack of an efficacious intervention of collective bargaining in terms of workers representation and determination of the applicable industrial sector.