The Italian Government published the 1 May Decree, which has to be adopted within 60 days. The 1 May Decree includes four articles which relate to the transposition of the Platform Work Directive.
Article 12 proposes a general legal presumption of employment in the platform economy. It states: “When there are indications of control or external direction exercised, including through algorithmic management, the employment relationship is presumed to be of a subordinate nature, unless proven otherwise.”
Article 13 relates to the identification of undeclared work, with platforms having to keep records of worker activity on their platform for a minimum of five years and make them accessible to the Ministry of Labour and inspection authorities.
Article 14 places information obligations on platforms. The platforms must provide information from automated or algorithmic systems a) the assignment of tasks; b) the determination or modification of compensation; c) performance evaluation; d) the suspension, limitation, or termination of access to the platform. Secondly, on request, the platform must provide to the worker “an intelligible explanation of the automated decision affecting working conditions or compensation, as well as a review through human intervention.” Finally, the information referred to above must also be made available to competent authorities.
Article 15 establishes new requirements on digital labour platforms to issue a single digital tax code for each worker which has an account on their platform. The account is non-transferable and the use of it by another worker is subject to a fine of €800-€1200 for the account holder. The platform is also subject to fines for breaching this requirement. The platform must also record the number of deliveries and total amount paid to the worker for that month. Finally, a training course will have to be completed by the worker in health & safety within the first 30 days of working on the platform.
Unions are studying these proposals and considering their response.