I diritti sindacali nell'era del caporalato digitale

Abstract

After a preliminary description of the employment relationship in the so-called gig economy and despite the difference between the organization models, in this study the author attempts to analyze the possible exercise of some trade union rights provided for in title III of Law n. 300/1970 by workers involved in these particular employment relationships. Specifically, it is necessary to understand if norms such as articles 20 (right of assembly), 21 (referendum) and 25 (right of posting), which prima facie seem to require the existence of a production unit for their exercise can also be applied to the gig economy, which is characterized by the dematerialization of the workplace. Therefore, following a brief examination of these rules, therefore, the Author attempts to show that the idea inspired the legislator of 1970 to recognize the rights provided in that rules allows us to consider them applicable to on-demand workers. However, in this matter, it is essential an intervention of the trade unions. A reconsideration of trade union policies able to speak the same language of the digital platforms could, indeed, offer to the workers a real opportunity to meet each other and discuss, in a section reserved for them in the App, matters of interest to them even in the absence of the production unit (traditionally understood).