La nozione euro-unitaria di lavoratore dipendente alla prova della gig-economy: si pronuncia la Corte di Giustizia europea

Abstract

Last April, the EU Court of Justice ruled on the preliminary question referred by the Employment Tribunal of Watford on the interpretation of Directive 2003/88 on working time, applicable to workers. The ruling provided an opportunity for European jurisprudence to return to the Euro-unitary concept of worker, which had already been consolidated by numerous and costant precedents, and to decide on the working relationship between a courier and a home delivery company in the context of the gig-economy. The order, which is very brief, nevertheless offers some interesting suggestions for assessing the impact on the qualification procedure of the freedom of the worker to decide whether and when to carry out the work performance and to be replaced by a subcontractor in the performance of the service.