Universalismo vs. selettività della tutela prevenzionistica: brevi spunti sul caso dei riders

Abstract

The problems related to Covid emergency and the implementation of sanitation measures highlighted the structural gaps in our legal system, with particular reference to the protection of the health and safety of on-demand riders.
Through the revision of the scholarly debate and the Case-law construction in matter of the classification of the work activity of on-demand riders and through the scrutiny of the scope of application of Chapter V-bis of the Decree No. 81/2015, the essay focuses on the identification of the targets of 2019 reform and of the prevention measures applicable to them, in search of a reasonable balance between the universalistic vocation of the health and safety at work policies the moderation of the protections pursuant to article 3, paragraphs 7 and 11, Decree No. 81/2008.
The goal of this contribution is to verify the effectiveness of the preventive system of platform work, illustrating the reasons why i a satisfying solution to the needs of riders (at least those genuinely autonomous) cannot be achieved de iure condito, but it requires a police reform in order to make the uniform safety standards effective.