The Court of Cassation, with judgement no. 1663 of 24 January 2020, extended the rules on employment to riders. According to the Supreme Court, the regime of autonomy of the workers regime is intact in the genetic phase of the agreement (the worker being free to oblige himself or not to provide the service) but not in the functional phase of the performance of the relationship. The modes of performance are, in fact, substantially determined by a platform and an app for smartphones. The Court of Cassation thus denies that a third type of work relationship can exist, which is intermediate between self-employment and employment. According to the Court of Cassation Art. 2, paragraph 1, of Legislative Decree no. 81/2015 is a coordinating rule, which does not create a new type of case.
