Will INPS and Inail break Glovo, Just Eat, Deliveroo and Uber Eats?
All the next woes from Deliveroo , Glovo , Uber Eats and Foodora
The Milan Public Prosecutor's Office has beaten a very high bill for the big names in home catering Deliveroo , Glovo (acquired by Foodinho) , Uber Eats and Foodora . The Milanese magistrates have imposed fines of 733 million only as regards the penalties for non-compliance with the Consolidated Law on safety at work. To these will be added the calculations on missed contributions and insurance payments now being examined by Inps and Inail, according to Corriere della Sera . The amount to be paid to INPS would exceed one billion euros . Clearly the food companies have resorted.
Violation of the employer's obligations
Il Sole 24 ore stresses that the six persons under investigation, administrators, company managers and executives, will have to answer for violations of the Consolidated Health and Safety at Work. The environment, health, work pool , led by the deputy prosecutor Tiziana Siciliano and by the prosecutor Maura Ripamonti , has traced violations of the non-delegable obligations of the employer and the manager, of the training and information obligations to workers in relation to the state of health of the delivery man, his training also on risks, the use of suitable work equipment and personal protective equipment.
Incorrect contractual classification
According to the investigations of the Milanese prosecutors, the food delivery companies have incorrectly classified riders as self-employed or occasional workers, while they should be considered para-subordinate workers. The prosecutor underlined that the 60 thousand cyclofattorini must be classified as subordinate workers. “We are not able to establish how much the riders will have to be paid – said the prosecutor Maura Ripamonti – but the important thing is that there is a ban on piecework and the messengers cannot be paid any more for each single delivery “.
The crimes committed can be extinguished
Not only administrative fines but also crimes that fall within the case of fines and not crimes. For this reason, Legislative Decree 758 of 1994 will be applicable to the suspects, which allows them to remedy their position by paying the fines within 90 days. The administrators involved in the investigation will thus be able to extinguish the crime.
Assodelivery: "We evaluate shares"
The association that brings together delivery companies including Uber Eats , Glovo and Deliveroo , (but not Just Eat released last November) disagrees with what was established by the Milanese prosecutors. “Online food delivery is an industry that operates in full compliance with the rules, capable of guaranteeing an essential service – reads the note released by the association -. The platforms, despite the specific differences, have operated in recent years in compliance with the regulations in force , including the classification of workers and the regulations on safety at work. We therefore disagree with the picture illustrated today ”. Assodelivery recalls that, in 2020 ravaged by the pandemic, the take-away was the only lifeline for the catering sector. “The pandemic has shown that food delivery is a real essential service – continues the note -. In the past year, which has put a strain on the catering sector, this industry has produced tens of thousands of job opportunities and represented a fundamental support for restaurants, for a value of over 1 billion euros in revenue ”.
Just Eat: the free hitter
As reported by Corriere della Sera last November, the operator Just Eat left Assodelivery announcing that he would change his employment policy. The Danish company has provided for the permanent hiring of 3,000 people . “As employees – writes Just Eat – our riders will have the advantages and protections typical of this way of working, such as safety devices, clothing and backpacks for deliveries”. In 2020 the Court of Cassation had established that riders, even if classified as collaborators, have the right to treatment similar to that of employees. Last September, however, Assodelivery and Ugl signed a CCNL that the Rider unions are preparing to contest together with the confederates through new mobilizations. These are probably two reasons why Just Eat has chosen the role of free hitter.
This is a machine translation from Italian language of a post published on Start Magazine at the URL https://www.startmag.it/economia/inps-e-inail-glovo-just-eat-deliveroo-e-uber-eats/ on Thu, 25 Feb 2021 14:35:07 +0000.