Road transport occupies a key role in Italy’s economy and undoubtedly holds a position of dominance in the field of handling of goods, consequently creating a labour market ready to accept different types of contracts.
Despite current statistics show a considerable decrease of road haulage one-man businesses in Italy in the last five years, some Italian Court decisions have recently dealt with the activity of owner-drivers. The decisions have considered the legal nature of the relationship between owner-drivers and principals that is turning towards professional autonomy to the detriment of employment.
A recent ruling (Court of Vicenza, no. 424 dated 13th June 2017) has indeed established that the assessment of the owner-driver’s employee status against the principal should be inferred from the presence of multiple and consistent elements “directed in a serious, precise and concordant way to reveal the existence of the employee status”, while the presence of just one or a few of them cannot suffice (for example, in this case, the use of the principal’s logo, uniform and computer equipment and the direct subjection of the lorry driver to directives and instructions by the principal).
To ascertain self-employment, it will be sufficient to check the presence of distinctive features such as the actual ownership of the vehicle by the driver, the accountability for risks and costs related to the activity carried out, the autonomous management of the expenses and the maintenance of the vehicle, and the variety of tasks entrusted by different customers and the absence of any disciplinary power by the principal (providing for example the payment of penalties in the event of non-fulfillment).
(Milan Office – Marcello Giordani – 0039 (0)2 39680538)
