Work in the digital economy: perspectives on an unprecedented subordination?

Reading the uberization of work configures the most emblematic example to analyze all the legal considerations about on demand work’s phenomenology. The digital work archetype, through the Uber’s platform, stood out thanks to an innovative planning of the traditional job’s performances organization. On closer inspection, the productive, technological and digital decentralization and the “de-materialization” of the employer, have produced new views on the subjugation to the employer’s powers. It’s possible to find, in these labour relations, a substantial relation of subordination as it is provided in Article 2094 of the Civil Code. There are valuable and appreciable signs that are important to correctly qualify this labour relation. These signs derive from the activities of the Italian Legislator and the Italian Judges. They used and analyzed specific factors, such as the society’s role conformation, the exercise of a “power of command” that includes detailed indication to follow, or the feedbacks’ mechanism which is expressed through the power of control and the disciplinary sanctions that can be inflicted to the drivers that did not follow the directives imposed by the app.