IL RIDER DI GLOVO: TRA SUBORDINAZIONE, ETERO-ORGANIZZAZIONE, E LIBERTÀ

Abstract: The essay addresses the problem of the qualification of the employment relationship of the riders who operate through a digital platform, in light of the sentence of the Court of Palermo which recognized the subordinate nature of the relationship of a Glovo rider. The analysis focuses, in particular, on some problematic profiles relating to the use, by the Court, of the comparative method, of the notions of subordination, and of the conclusions relating to the freedom, actual or fictitious, of the rider to render the service or not of work. The final part analyzes the right not to be excluded from the platform due to non-acceptance of the call, which was introduced by art. 47-quinquies of law no. 128/2019.