Italian Supreme Court: the risk assessment document (DVR) as a condition for the lawful use of staff leasing

The absence of a concrete and specific risk assessment, formalised in an adequate Risk Assessment Document (i.e. “Documento di Valutazione dei Rischi” – DVR) bearing a certified date, entails the unlawfulness of recourse to staff leasing, with the consequences provided by law in relation to the employment relationship. A DVR drafted in generic terms with reference to the company’s organisational structure is not sufficient: the legislation requires an assessment that also takes into account the risks specifically connected to the contractual status of the leased worker, considering their objectively greater exposure deriving from the temporary nature of the assignment and their more limited familiarity with the working context and environment.

This was stated by the Italian Supreme Court in order no. 32659/2025, which addressed the issue of preparing a risk assessment document that specifically covers the risks to which leased workers are exposed in connection with their placement in a particular department or their assignment to specific duties.

The case

The Court of Appeal of Brescia dismissed the appeal lodged against the judgment of the Court of Bergamo which, following a claim brought by a leased worker, had declared the staff leasing contracts unlawful and had recognised the existence of an open-ended subordinate employment relationship with the user company as of 2019, ordering the latter to pay an all-inclusive indemnity equal to four months of the last salary relevant for severance pay (i.e. “TFR”).

Although the Court of Appeal considered the production of the Risk Assessment Document admissible, deeming it indispensable evidence, it held that no adequate and specific risk assessment had been demonstrated pursuant to Article 32 of Legislative Decree no. 81/2015 with reference to leased workers. In particular, no document had been prepared that specifically considered the risks connected to the worker’s placement in a specific department or assignment to particular tasks.

The user company filed an appeal before the Italian Supreme Court, while the worker resisted with a counterclaim and an incidental appeal. The staff leasing agency also filed a counterclaim, requesting to be removed from the proceedings or, alternatively, that the conclusions already submitted in the previous instances be upheld.

The position of the Italian Supreme Court

Before the Italian Supreme Court, the user company argued, among other points, that the legislation does not require a risk assessment specifically referring to leased workers, considering a general assessment extended to all personnel, supplemented by information and training obligations, to be sufficient.

The Court rejected this argument. It referred to Articles 32 of Legislative Decree no. 81/2015 and 28 of Legislative Decree no. 81/2008, stating that the prohibition on using staff leasing in the absence of a risk assessment must be interpreted in light of the general framework requiring consideration of “all risks”, including those arising from the specific contractual form through which the work is performed.

According to the Supreme Court, it follows that the Risk Assessment Document must, in advance and with a certified date, identify the risks specifically affecting leased workers and the related prevention and protection measures.

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• Italian Court of Cassation: failure by Health and Safety Officer (Responsabile Servizio Prevenzione e Protezione, ‘RSPP’) to carry out activities does not exempt employer from criminal liability