Milan's investigating judge Roberto Crepaldi has validated the emergency decree issued by prosecutor Paolo Storari placing a judicial administrator on Deliveroo Italy, the Italian subsidiary of the food delivery giant acquired by DoorDash. The charge is alleged to have exploited 3,000 riders in Milan and 20,000 throughout Italy, "taking advantage of their plight." This led to the urgent judicial review initiated in recent days (see EFA News ).

"According to the declarations provided by the individual delivery drivers," the investigating judge explained, "their income was earned by working an average of 9-10 hours a day, at least six days a week, for an average total of approximately 54-60 hours per week: well beyond the normal 40-hour weekly working hours of an employed worker." At the same time, however, the magistrates note, many delivery drivers earn wages well below the "poverty threshold."

"It is beyond doubt," the investigating judge wrote, "that the absence of a serious and concrete form of control could lead to the aggravation and prolongation of the consequences of the crime under investigation. It is sufficient to consider both the duration and the pervasiveness of the conduct, involving the subjection to disproportionate and inadequate remuneration for the quality and quantity of the work performed."

According to the judge, "it appears clear that there is a need for urgent intervention, as the further free availability of companies could certainly facilitate the commission of further crimes."

According to the findings, the investigating judge confirmed the appointment of Massimiliano Poppi as judicial administrator to assist the company in addressing the problems highlighted by the investigation. The document signed by the investigating judge lists the duties of the administrator. "In order to prevent situations of serious labor exploitation," the investigating judge writes, "the judicial administrator will monitor compliance with the rules and working conditions underlying the accusation of gangmastering. To prevent recurrence of violations, he will adopt appropriate measures, even those deviating from those proposed by the entrepreneur or manager. This activity must be carried out in constant coordination with the judge, to whom the administrator will be required to report every three months and, in any case, whenever irregularities arise regarding the performance of the company's business, also with a view to taking appropriate measures."

The judicial administrator's task will be to ensure the restoration of legality. "This is not," the investigating judge writes, "as has been claimed, a substitute role for other state agencies or powers that have remained inert, nor does it involve adopting methods that force organizational decisions on businesses with the force inherent in the criminal justice system." Rather, the judge writes, "it is about ensuring, using a method certainly less invasive than seizure, with all the defense guarantees inherent in criminal proceedings and under the supervision of a judge, the restoration of legality by supervising the decisions of the entrepreneur deemed to have violated it."

"We are fully aware," the judge emphasizes, "that workers' rights are not, unlike almost all those proclaimed by our Constitution, an absolute value, but must be balanced with other interests, such as the freedom of private enterprise. And we are also aware that elevating a right, in this case the right to adequate and proportionate remuneration, to the status of 'tyrant' risks ultimately sacrificing it, effectively impeding business activity and, ultimately, leading to job losses."

"We are certain," the investigating judge continued, "that, thanks also to judicial oversight, legitimate entrepreneurial initiatives can find, within their own freedom to organize themselves, the right balance between profitability and fair wages."

Deliveroo responded with a statement explaining: "We believe our operations are fully compliant with Italian law and that we have always acted responsibly, both in compliance with the law and in accordance with our duty to the thousands of riders who have chosen our platform. We will continue to cooperate fully in the ongoing investigation."