Employee is an “on call” worker if he falls within the company organization and is paid by the hour
The cash-desk operator in the betting center may be considered as payroll worker, where he is part of the company organization and is still paid in proportion to the hours worked. Thus, the subordinate relationship between the betting center and the employee who collects the installments is set up and pays the winnings where it is not paid on the basis of net cash receipts.
And this even if from time to time has the right to join or not the call of the company and in the course of the relationship has refused the stabilization. This is what emerged from sentence 3457/18, published on February 13 by the sections of the Cassation. It does not matter that the worker has the right to join or not to call the employer to cover the shift: in case of impossibility occurred, in fact, the person must still notify the company or take action to find a substitute in the pool of cashiers available; the fact does not undermine the personality of the service where the remuneration is in any case paid to the person who actually provides the service: the possibility of part time work at flexible time can be recalled in this regard. And given the nature of the duties, the violation of the fidelity obligation must be excluded if more than one part-time relationship is established at different times in different betting agencies. In this case, the service provided by the person in charge of the cash desk is in any case provided according to methods and functions predetermined by the company. Lastly, the possible refusal to regularize during a relationship is irrelevant: the rights triggered in question, in fact, concern a mandatory and unsusceptible protection of valid ex-ante waiver agreements.