Trade unions, strategic litigation and digital labour platforms: a case-study of the CGIL

Abstract [En]: Platform workers often face a justice gap in enforcing their rights and this is mainly due to the extensive use of algorithmic management practices that are central to their business model. While there are certain legal techniques that can provide effective regulatory antibodies to reduce this justice gap, individual litigants may struggle to enforce them. The aim of this paper is to test the hypothesis that trade unions may be the ultimate antibody in closing the justice gap for platform workers through litigation. In order to substantiate its main claim, the article then analyses the litigation strategy adopted of CGIL (the largest Italian trade union), which has brought many successful lawsuits against several food delivery platforms over the last four years. The litigation effort of the CGIL seems to confirm the aforementioned hypothesis. The paper concludes by highlighting how the CGIL case study seems to offer many lessons for those unions in Italy, and especially abroad, interested in using litigation as part of their broader mobilisation strategies.