Scritto destinato agli Studi in onore di Alessandro Garilli, pubblicato su Lavoro Diritti Europa, 2020, n. 1.

The commentary examines Corte cass. n. 1663/2220, criticizing the qualification of art. 2, co. 1 d.lgs. n. 81/2015, as a mere rule of regulation, because it is always possible to deduce from it a case, to which to attribute the rules governing the employment relationship, nevertheless after a selection that takes into account its diversity with respect to art. 2094 c.c. Moreover, it assumes that the riders of the Foodora case fall under the same art. 2, co. 1, but in truth, taking into account the new version of this article envisaged by d.l. 101/2019, it falls under the Capo V-bis introduced at the same time