On 15 September 2020, the ASSODELIVERY and UGL-RIDER trade associations signed the first National Collective Bargaining Agreement governing the work contracts of Bike Delivery Riders, also known as “Riders”.
Regardless of any remark as to trade representation issues currently bringing about considerable debate, the agreement, called “National Collective Bargaining Agreement for governing the delivery of goods on behalf of third parties, carried out by self-employed workers, the so-called Riders”, has been reached after almost a year following the entering into force of Law No. 128/2019 introducing the first measures for the protection of “gig economy” workers.
Riders have agreements which, according to the signatories, must be traced back to the scope of self-employment. Indeed, article 7 of the National Collective Bargaining Agreement defines riders as “self-employed workers who, based on a contract with one or more platforms, decides whether to render its own delivery services for the goods ordered through the relevant application”.
Amongst the main measures provided, one may count the acknowledgment of a minimum guaranteed fee, bonus systems, safety equipment, insurance coverage, prohibition to discriminate and equal opportunities, personal data protection and trade union rights excluding, at the same time, the typical institutions of employment from arising such as, for instance, remuneration for overtime, additional monthly payments, annual leave, severance pay.
Let us discuss the main institutions in detail.
Pay
As regards those aspects of economic nature, the National Collective Bargaining Agreement foresees the acknowledgment of a minimum fee (Euro 10 per hour) to riders, calculated based on the “estimated” time for making deliveries which, if less than an hour, shall be thus re-parameterised in proportion to the “estimated” time for delivery. Such fee shall in no way be less than Euro 7 for the first 4 months as from commencement of the delivery service in a new city.
Furthermore, the fee shall be increased to a variable extent from 10% to 20% depending on whether the activity is carried out during night hours (from 0:00 to 7:00), holidays (amongst which Sundays are not included) or during the days in which the weather conditions are “bad”.
Instead, to motivate bike delivery riders the National Collective Bargaining Agreement introduces a bonus system pursuant to which the companies must acknowledge a lump-sum bonus to each Rider equal to Euro 600 each 2000 deliveries throughout the solar year (up to a maximum of Euro 1,500 per solar year).
Health and safety at work
The agreement does not only govern economic aspects, but also aims at protecting the health and safety of bike delivery riders, ensuring them that the provisions under the Health and Safety Consolidation Act under Legislative Decree No. 81/2008 are applied to them and that they participate to specific training courses.
Pursuant to the National Collective Bargaining Agreement, delivery companies must provide Riders with safety equipment, such as high visibility clothing and a helmet, to be replaced with fixed regular intervals.
Finally, by “regulating” a practice which is already spread in part, the principal must take out insurance coverage for any accident at work and professional illness, as well as for any possible damage to things or people caused in carrying out the respective activity.
Withdrawal
Finally, in so far as the termination of the agreement is concerned, Riders are entitled to unilaterally withdraw from the contract at any time with immediate effect, whilst the principal is requested to abide by a withdrawal notice of at least 30 days (save for the case of breach of contract for wilful misconduct or gross negligence) or, alternatively, to grant them with an allowance equal to half the remuneration received.
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