From the Alps to the Pyramids nothing new under the sun. New and old answers to new and old issues

(Namely, from the ‘Turin Foodora-case’s tantamount-employee’ to the ‘Palermo Glovo-case’s employee’)

  • Calogero Massimo Cammalleri
Keywords: hetero-organized work, tantamount-emoplyee, rider, riders, gig-economy, work through digital platforms, work via App, work on demand, smart-working, the Foodora case, IA law labour work, robot law labour work, social contribution on robot, dystopian on the world of work


Table of contents - 1. As a preface - 2. Setting the scene: hetero-organised work under the test of digital work- 3. The organisation "between" subordination and co-ordination? - 4. The con­text - 5. Recognising organisation from co-ordination - 6- Grammar of hetero-organisation - 6.1 Organisation, Co-ordination, Ordination - 6.2 One alienity and a half? - 7. Hermeneutic regression from the effects: four corollaries - 7.1 First corollary: employer’s rights - 7.2 Second corollary: neutrality of employer’s rights - 7.3 Third corollary: taxes and contributions benefits exclusion - 7.4 Fourth corollary: pointlessness third regulations theory - 8. Logical in­compatibility of the third regulation - 9. Re­straint the autonomous work - 10. An open-end con­clusion.


The article jointly studies the impact of work through digital platforms and of the vast AI (Artificial Intelligence#) robotics implementation on issues of Employment Law and Social Security. The point of view and the remedy which is suggested are both unorthodox. The point of view is one of law and literature; the remedy is taken from law and economics. Even if the paper agrees that the proposal of introducing both a social contribution on robots and a new regulation via apps follows on from the right question, it holds that such measures are not necessarily the right answer. In fact, since these would ‘anthropomorphise’ robots and algorithms, it would inevitably be useless, similar to any increase in social contributions. Conversely, the article proposes a radical change in perspective, deeming that social protection in the digital era requires new relationships between ‘every’ market and ‘the’ social justice. For the latter purpose, the chapter proposes to break the two alternative dichotomies of Bismarckian/Beveridgean systems of social provisions and that of employee/independent-contractor (at the level of regulation through the law). In this regard, such change is reached without extending the regulation of employees. Consequently, the chapter proposes to introduce a new ‘uniform’ and indirect financial system for protections for those who are not in a standard employment relationship. Such a ‘uniform’ financing device for social contributions is based on the ‘added value’ of work rather than (the opposite of how it actually is) based either on the wage of an employee or on the earnings of the self-employed. This way, the shifting boundaries of contracts between companies or firms and employees or workers, or even the self-employed, can be overcome because no particular contract is needed for protection.


Cammalleri Calogero M., “Precarious work and social protection: between flexicurity and social pollution”, in Precarious work. The challenge for labour law in Europe, ed. Florczak Izabela, Kenner Jeff and Otto Marta, Cheltenham: Edward Elgar Publishing, forthcoming 2019.
Cammalleri Calogero M., “Flexicurity as a measuring leakage protection of workers: between "social pollution" and "total security"”, - internet synopsis of labour law and social security law - Volume 4 n. 1 (2012), accessed April 29, 2018.
Chirichiello G., “Esternalità ed il teorema di Coase: un teorema, nessun teorema, o molti teoremi? Una in­troduzione crit­ica,” in Riv. dir. comm. e di dir. gen. Obbl., 2004, 673.
Chui Michael, James Manyka and Mehdi Mirmadi, “Where machines could replace humans—and where they can’t (yet), McKinsey Quarterly, June, 2016,
Coase Ronald H., "The problem of social cost", The Journal of Law & Economics, Vol. III, (1960): 1 ff.
Coase Ronald H., "The Nature of the Firm", Economica, New Series, Vol. 4, No. 16. (1937): 386-405.
Deakin Simon and Frank Wilkinson,"Labour law and economic theory: a reappraisal", in Law and Economics and the Labour Market, edited by Gerrit De Geest, JJacques Segers and Roger Van den Bergh, (Cheltenham: Edward Elgar Publishing, 1999), pp. 1 ff.
Delany Kevin J., “The robot that takes your job should pay taxes, says Bill Gates”, Quartz, February 17, 2017,
Delvaux Mady, “Draft Report with recommendations to the Commission on Civil Law Rules on Robotics (2015/2103(INL) Committee on Legal Affairs (Initiative – Rule 46 of the Rules of Procedure)”, European Parliament,, accessed April 29, 2018.
De Stefano Valerio, “ “Negotiating the algorithm”: Technoloy, digital(-ized) work, and labour protection ‘reloaded’ ” Regulating for Globalization Trade - Labor and EU Law Perspectives, December 7, 2017,, accessed April 29, 2018.
Gates Bill, “Why Bill Gates would tax robots”,, accessed April 29, 2018.
Harris Seth D. and Alan B. Krueger, “A Proposal for Modernizing Labor Laws for Twenty-First-Century Work: The “Independent Worker””, The Hamilton Project, Discussion Paper 2015-10, December, 2015,, accessed April 29, 2018.
Hitchens Christopher, “Goodbye to all that: Why Americans are not taught history, November 1998”, Harper’s Magazine,
Huxley Aldous, Brave New Word, London: Chatto & Windus ,1932.
Huxley Aldous, Letter to Goerge Orwell, Letters of Note,, accessed April 29, 2018, accessed April 29, 2018.
Mankiw Gregory N., Prin­ciples of economics, Orlando: The Dryden Press,1998.
Odella F., “Conseguenze inattese e genesi dei processi economici: il ruolo delle esternalità nell'approccio sociologico,” in Sociologia del la­voro, 2003, 99 ss.
Orwell George, Nineteen Eighty-Four, London: Secker & Warburg, 1949.
Pellizzari F., Esternalità ed effi­cienza:un’analisi multisettoriale”, in Economia politica - Journal of analitical and institutional economics, 2004, 99;
Postman Neil, Amusing ourselves to death: Public discourse in the age of show business, (New York: Penguin, 2005), accessed April 29, 2018.
Samuelson, Robert J. “Will robots steal all our jobs?”, The Washington Post, May 10, 2017,
Sarracino F., “Es­ternalità negative, beni posizionali e crescita economica”, Il Ponte, 2009, 128.
Summers Lawrence, “Picking on robots won't deal with job destruction”, The Washington Post, March 5, 2017,, accessed April 29, 2018.
Stilvell Frank J. B., Normative Economics. An Introductions in Microeconomics Theory and Radical Critiques, Italian edition, (Napoli: Liguori editore, 1975, 107.
Varian H. L. , Intermediate Microeconomics. A Morden Approach., II Italian edition, (Venice: Cafoscariana 1990): 514 ff.
Viana Marcio Tullio, “Incubi e sogni di un mondo globale”, dattiloscritto (2002).