L’inquadramento giuridico dei riders entro l’alveo dell’art. 2 d.lgs. n. 81/2015 e prime letture giurisprudenziali della etero-organizzazione
The paper aims to analyze the Sentence of the Court of Appeal in which the judges, partially reforming the ruling of the first instance Court, excluded the subordinate nature of the relationship between the riders and the Foodora platform; in the same time the judges of the Court of Appeal recognized that this relationship have the characteristics of the “hetero - organization” and therefore the applicability of art. 2 legislative decree no. 81/2015. The sentence also offers the occasion for one of the first jurisprudential reconstructions of the “hetero-organization”, recently inserted in the Italian legal context.
Keywords: Legal qualification • Self-employment • Legal protections • Platform work • Riders