MILAN (ITALPRESS) – The soldiers of the Carabinieri Group for the Protection of Labor of Milan have given execution to a “decree of judicial control in an urgent manner” issued by the Prosecutor of the Republic of Milan – Antimafia District Directorate at the expense of a company that manages a food delivery platform at home with contextual appointment of a judicial administrator, as the employee of law is in need of exploitation. In particular, it corresponded to riders, in a state of need and operating on the Milan and national territory (respectively about 3,000 and 20,000 workers), a pay (in some cases less than up to about 90% compared to the poverty threshold and collective bargaining) not proportional to the quality or quantity of the work provided in order to guarantee “a free and dignified existence” and clearly difformed by the National Collective Contracts. The same company is investigated for administrative responsibility of the entities since the administrator would have committed the crime of caporalato in the interest and advantage of his company, adopting an organizational model clearly contrary to the principle of legality, I would like to prevent situations of labor exploitation in order to profit from it.
In particular, the findings carried out by the Milan Labour Inspectorate Nucleus showed that, although the escussi workers are carrying out their own business with an independent VAT number in a flat tax regime, the company actually uses riders as employees. The resulting overall system has shown that the entire organization of the business is based on the computer platform, including the activity of riders, deriving from the same, not only the collection of orders, but the execution, control over the execution, control of modes, times and remuneration parameters of riders, as well as the accounting management of the report. In essence, the same manages access to work, assignment of orders, operational constraints, monitoring of orders and imposes consequences in the event of behaviors held not in conformity with penalties or even expulsions from the system. Therefore, the relevant hetero-organization indexes were found in the execution phase, which are compatible with the application of the subject-work discipline. According to the full subordination of the Yugoslavian framework, the company nevertheless corresponded to riders in need less than the constitutional parameters in view of both statistical and economic indexes about the thresholds of working poverty and to a much more significant extent if compared with the pay levels of the National Contract of Transport and Logistics.
In particular, the sample of the wage analysed results in a poverty reduction of 73.0% of cyclofactories with an average deviation of more than 7,200 gross annually, while compared to the reference GCCs, 86.5% of the sample were subpaid. However, as part of the validation of the measure against Foodinho (Glovo), the GIP of the Court of Milan has also based its decision on the innovative principle that “what is the qualification of the relationship – subordinate worker, hetero-organized collaborator or self-employed worker with characteristics of para subordination.
The new investigations represent the evolution of the investigations initiated and conducted by the Group CC Protection Labor of Milan, in coordination with the local Procura della Repubblica that in 2021 has allowed to extend some guarantees from work dependent on the category of workers recognized in fact heterodiretta of parasubordinate type towards approximately 60,000 riders of the platforms Foodinho, Glovo, Uber Eats Italy, Just Eat Italy, Deliveroo Italy.
The emergency measure in operation, which will have to be subsequently validated by the GIP at the Milan Court, is aimed at ensuring, through the work of the appointed Judiciary Administrator, compliance with the norms and working conditions, the regularization of workers who, at the time of the start of the procedure, also provided their work to prevent violations from being repeated and the adoption of appropriate organizational measures and organisational arrangements, even in order to avoid the possibility of profit In the circumstances, the notification of the “Request for Documentation Delivery” issued by the same A.G. was also made to some companies that result in contractual relations with the company affected by the measure, as the same riders are employed to carry out deliveries of products, in order to examine the relevant organizational models and verify the suitability of the same to prevent the commission of the intermediation of exploitation.
– photo IPA Agency –
(ITALPRESS).
