Follow the news of your cityComment on Lucca's articles LiveThe case that emerged from an INPS inspection.For the court, the company saved on wages and contributionsEvery day they collected the mail and delivered it to the citizens but for the private company of Lucca they were self-employed.The city court clarifies and brings justice to the umpteenth matter linked to work and workers' rights.First a double INPS-Inail joint report and now the sentence of the court of Lucca, otherwise probably the 6 workers of a private post office in Lucca would never have had justice.They worked 4/5 hours a day, in shifts, from Monday to Saturday, and delivered the mail on behalf of the Lucca company which considered them self-employed and not subordinate workers, therefore paying them much less and paying less contributions.The company was unmasked by an inspection but continued to hold the point by challenging before the judges of the city court the minutes of INPS and Inail which in addition to the sanctions had reconstructed the entire career of the 6 "private postmen", with relative classification according to the law of subordinate workers and related salaries and contributions payable by the company.Judge Antonella De Luca on 4 October published the sentence and the related reasons, rejecting the appeal of the Lucca company and also sentencing it to about 8 thousand euros in litigation and court costs.In the first place, the Court rejected the objection of generic nature of the content of the report (which instead is clear and detailed according to the judge) having re-elaborated the taxable wages of all workers (which in this case are 6) subject to verification by means of the preparation of specific pay statements which took into account the gross amounts paid to occasional lenders and the remuneration levels provided for by the national collective labor agreement for correspondence (activity actually carried out and not contested by the appellant) with an indication of the resulting differences.In fact, the sentence reads: “On the merits, the validity of occasional service contracts must be disregarded as the elements characterizing subordinate work have emerged peacefully, since the subordination and the occasional nature of the service cannot be ruled out per se.All the texts (workers) report that the wages were hourly and that in the periods in which they performed their activity, the same was carried out continuously on a daily basis and at fixed times of 4/5 hours per day;they report that they had their own station at the headquarters of the applicant company where in the morning they found the mail assigned to each one for deliveries.The activity carried out was always the same repetitive activity of sorting and delivering mail;all the witnesses heard identify in a person in charge of the company their contact person who arranged to assign the mail and give them indications.Therefore, having regard to the aforementioned evidentiary results, it must be considered that, beyond the nomen iuris used by the parties, the work performance was always attributable to the subordinate relationship ".In addition, the judge clarified in the sentence that even the contracts between the private mail company of Lucca and the 5 cooperatives are to be considered illegal "as supplied by unauthorized parties".The college of lawyers was formed by the lawyers Nicola Frezza, Rossella Quarta and Silvia Nannizzi.The 6 workers will have their due and the company will also pay the penalties of the inspection report that brought to light the illegitimate and illicit behavior.The world of work remains a slippery ground where too many times the rights of workers are not respected, unfortunately, and taking advantage of the terrible labor and economic crisis to exploit those who need and want to work is even more unacceptable.Log in or register to comment on this article.The email is required but will not be shown to visitors.The content of this comment expresses the author's thinking and does not represent the editorial line of Lucca in Diretta, which remains autonomous and independent.The messages included in the comments are not journalistic texts, but posts sent by individual readers that can be automatically published without prior filtering.Comments that include one or more links to external sites will be automatically removed from the system.Copyright © 2012 - 2022 - Associated Newspaper Anso Ventuno Srl Tel. +39 346 6194740 - redazione@luccaindiretta.it Registered at the Court of Lucca N ° 946/2012 Responsible director: Enrico Pace VAT number: 02391180466