Labour & Law Issues (Jul 2020)
The safety at work of riders in law no. 128/2019
Abstract
It is not difficult to verify the centrality that the protection of the health and safety of riders has assumed at national level and almost entirely in foreign legal systems, starting from the organization of the claims movements aimed at contesting the inadequate working conditions set by the platforms operating in the sector of food delivery. At the end of a bumpy path, first marked by the elaboration of regional legislative proposals, models of co-determination of the working rules by territorial bargaining (such as the Bologna Charter) or of self-determination of guarantees by the companies in the sector (the Charter of Values signed in Milan), the A. reports the approval of Law no. n. 128/2019 which converted (with modifications) the original regulatory framework introduced by Legislative Decree n. 101/2019 (containing measures to protect the workplace and resolve corporate crises). Among the preventive guarantees in favor of self-employed workers who, using specific means of transport, deliver goods in the urban context conveyed by digital platforms, the essay intends to focus on the provision contained in art. 47 septies, Legislative Decree no. 81/2015 which attributes to the platform the respect, with charges and expenses at its own, of the Legislative Decree no. 8172008. By accessing an alternative reading to that which leads the contribution of the novum essentially to the provisions of art. 21, Legislative Decree no. 81/2008, a more guaranteed interpretation is preferred which appears more consistent with the ratio legis of Law no. n. 128/2019 and, as far as we know, in line with some recent European guidelines expressed in the field of prevention / precaution of professional risks. The latter exegesis appears recently endorsed by the jurisprudence of the work in the context of precautionary procedures initiated, during the health emergency by SARS - VOC 2, by riders who have carried out activities without receiving suitable protective devices individual.
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