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Delivery operatives are not obliged to make deliveries from the Foodora platform and similarly Foodora is not obliged to offer delivery operatives work loads that match their personal schedules. The Turin court, when publishing its reasons on 07 May that underpinned its 11 April ruling on a case involving 6 ex-Foodora riders, argued that this non-obligation characteristic of the Foodora delivery service meant delivery operatives are independent. The former Foodora riders had been demanding their previous status with Foodora be ‘re-qualified’ as salaried employee. The court believed that “If the employer cannot force a worker to carry out a service, it cannot thus exercise management or company control” as is characterized by salaried employees. The court ruling was in relation to 6 operatives who had been excluded from the German group’s digital platform after they had taken part in mobilization events during 2016 that were seeking to secure better working conditions.
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