Il "fenomeno Uber", la srl Uber Italy e i trasporti

The paper examines the complex entrepreneurial activity of Srl Uber Italy and considers, on the one hand, the transport service of food and beverages and, on the other hand, the most well - known service of «noleggio con conducente». The paper discusses the failure of the service of transport of goods, in the light of the labour regulation, first of all of the Article 2 of the «decreto legislativo» n. 81 / 2015. In this context, the subordinate nature of the relations between the company and the transfer executors was recognised and justified the adoption of the judicial administration measure against Srl Uber Italy, for violation of Article 603 bis c. pen. The case has led the company to cease such activity. On the contrary, in the transport of persons, the service of «noleggio con conducente» offered by Srl Uber Italy has better luck and this is due to the different qualification of the relations between the company and the drivers, so that the relations are not of subordinate employment, with the consequent irrelevance of the Article 2 of «decreto legislativo» n. 81 / 2015.