Errata. Alienità del risultato, alienità dell’organizzazione: ancora una sentenza spagnola qualifica come subordinati i fattorini di Deliveroo

The paper relates with the qualification of on demand delivery men employment relationship, involving worldwide judgments. The Italian jurisprudence on the Foodora case law, qualifying the riders as self-employed workers, despite of the above mentioned Courts ruling. Last June the Valencia Juzgado de lo Social Court ruled that Deliveroo riders are not self-employed but they are in a contract of service, in the meaning of art. 1.1 Spanish Estatuto de los trabajadores. The Employment Tribunal in Valencia states that Deliveroo drivers’s performance is ‘hetero-organized work’. The ‘hetero-organized work’ is not a new concept in Italian legal system, according to n. 30/1996 ruling of the Constitutional Court, which recognized the subordinazione in the meaning of art. 2094 Italian Civil Code when the useful result of the work is owned by the firm and the employer has the power to manage his own business.