Contractual freedom may not prevent the reclassification of a platform worker
CASE LAW | Turin Employment Tribunal, judgment no. 3844 of 8 September 2026
Digital platforms frequently describe riders as independent contractors who remain free to decide when to work and which assignments to accept. A recent Turin Employment Tribunal decision confirms that the contractual description is not conclusive when the platform exercises effective control through its technology.
The Tribunal recognised the employment status of a rider whose activities were organised through a digital platform. Relevant factors included the use of ratings, geolocation, access to delivery slots and the consequences attached to refusing assignments. Although the rider appeared to retain a degree of formal flexibility, the algorithm materially affected both the availability of work and the manner in which it was performed.
The decision also treated periods during which the rider remained available and waited for orders as working time. The platform’s termination of access was consequently assessed as a dismissal, with reinstatement and financial consequences for the company.
The judgment is a first-instance decision and should not be presented as definitive authority. Nevertheless, its reasoning has broader relevance beyond food delivery. Automated systems that allocate assignments, rank workers, monitor performance or penalise refusals may operate as instruments of managerial direction and control.
Practical point. International platform businesses should review how their systems work in practice, rather than relying exclusively on independent-contractor wording. The legal risk lies not only in the contract but also in the rules embedded in the algorithm.