Which social security regime for platform workers in Italy?

Abstract

This article highlights the debate on social security regimes applicable to platform workers in Italy. As social security regimes differ according to the type of employment or self-employment relationship, Italian case law dealing with platform workers' employment status will be illustrated. Italian legislation, case law and collective bargaining on health and safety at work will then be presented, clarifying the coverage to which platform workers are entitled in the event of accidents at work and occupational diseases, with a focus on the COVID-19 pandemic impact. In turn, the two main Italian minimum income schemes and the related scholarly debate will be outlined, as well as their impact on the ability of digital labour platforms to avoid their responsibilities as regards workers' rights, including access to adequate social protection.

Social security coverage for couriers who work through digital platforms in Mexico: A role for a special scheme?

“…In 2020, the Court of Cassation in Italy classified the workers of Foodora , a digital home delivery platform, as hetero‐organized employees, a classification that entitles them to all the social security benefits provided under Italian labour law. In short, these are independent workers who are assumed to have some degree of (organizational) subordination, for which they receive the same treatment as employees (Borelli and Gualandi, 2021, p. 135).…”

“…Finally, “hetero‐organized collaboration”, which includes self‐employed people, is the contract type that has produced the greatest number of disputes (Borelli and Gualandi, 2021). Within the reach of the definition of “hetero‐organization collaboration” are included the self‐employed who have some degree of dependence on an employer, wherein the latter provides an organizational structure that determines the way in which their activities are carried out.…”

“…In Italy, there is a dispute about how delivery work through digital platforms should be classified, the outcome of which will determine the social security scheme that should be applied to couriers (Borelli and Gualandi, 2021). In practice, in the current regime for employees, the social contributions, based on salary, are paid mainly by employers.…”

“…The social security contribution rate is the same as that for employees, with some differences. The most important difference is that workers must pay a third of the total contribution, unlike under the employees’ regime where workers only pay 9.19 per cent (Borelli and Gualandi, 2021). Further, because there is no minimum wage for this group of workers, social contributions can be much lower than those for employees.…”

“…Given the nature of Italy’s legal framework, Borelli and Gualandi (2021) conclude that the discussion should not focus on whether those who work through digital platforms should fall within any one specific regime. Rather, the focus should be placed on identifying the characteristics of a special regime that would offer protection for these workers without hindering the potential for national economic growth.…”