On 2 November 2019, the Official Journal published Law no. 128 converting Decree Law. 101/2019 containing urgent provisions for the protection of employment and for the resolution of corporate crises (i.e., the “Business and Corporate Crises Decree“). The law confirms the classification of riders in the context of the partnerships referred to in Article. 2 of Legislative Decree. 81/2015, with the consequent amendment of the general definition of “partnership agreement” to the subordinate employment contract. In fact, the governance of the subordinate employment contract applies to partnership agreements that result in predominantly (no longer “exclusively“) personal and ongoing labour, the methods of execution of which are organised by the (having repealed the provision “partly with reference to the time and place of work“). It is provided that (i) the employment contracts of riders must be entered into in writing and (ii) the riders themselves, in the absence of the written form, are entitled to compensation that may not exceed the remuneration received in the last year, determined with regard to the conduct of the parties and the severity and duration of the breach. In addition, it is provided that the remuneration of riders is defined by collective agreements, expressly prohibiting payment by the job. Riders are also guaranteed compulsory insurance cover against accidents at work and occupational illness.
