Categories: Insights, Publications · News, Publications

Tag: sicurezza sul lavoro


15 Jul 2022

The principal cannot ignore contractor’s employees safety obligations (Guida al Lavoro of Il Sole 24 Ore, 15 July – Alberto De Luca, Raffaele DI Vuolo)

Art. 2087 requires employers to take measures to prevent situations harmful to the worker’s physical health and personality based on experience, technology, and type of work.

This “open” rule obliges the entrepreneur to adopt legal measures for specific and generic work risks based on common experience or necessary to ensure work safety considering the type of work, background and technology.

The legislator provided for safety obligations in cases where contract work is performed within the principal’s company (or production unit). The principal must verify the technical and professional suitability of the contractors and provide them with detailed information on working environment risks and the associated work-related prevention and emergency measures. These obligations arise when the principal is legally in charge of the places where the contract is performed.

The principal and contractor (and any subcontractors) must cooperate in applying occupational risk prevention and protection measures when implementing the contract and coordinate these measures for workers exposed to risk. They shall inform each other to eliminate the risks due to interference between the works of the different companies involved.

The Court of Cassation stated that the principal’s work accident prevention obligations do not end with the contractual agreements stipulated with the contractor, given that regulations require employers to cooperate in applying the measures of prevention and protection from the risks impacting work under the contract.

The full version of the in-depth study was published in issue 29 of Guida al Lavoro of Il Sole 24 Ore.

Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

8 Apr 2026

Management of corporate email after termination of employment: the limits according to the Italian Data Protection Authority

The Italian Data Protection Authority (i.e. “Garante per la protezione dei dati personali”) has once again provided guidance on how employers should manage corporate email accounts after the…

8 Apr 2026

Oral dismissal: the burden of proof on the employee

With order no. 4077 of 23 February 2026, the Italian Supreme Court addressed the issue of oral dismissal, holding that an employee challenging the termination of the employment…

8 Apr 2026

DID YOU KNOW THAT… incompatibility between colleagues may justify the transfer of an employee? 

The Italian Supreme Court, with order no. 4198 of 25 February 2026, held that an employee’s transfer may be lawfully implemented also in the presence of a situation…

7 Apr 2026

The boundary between rest and inactivity in the management of working hours (AIDP – HR Online, 7 April 2026 – Vittorio De Luca, Alesia Hima)

In the organizational language of companies, terms such as “breaks,” “waiting times,” or “downtime” are often used. In operational practice, these expressions tend to be treated almost as…

17 Mar 2026

Equal pay: green light for the decree on pay equality and wage transparency (People are People, 16 March 2026 – Claudia Cerbone, Martina De Angeli)

Claudia Cerbone and Martina De Angeli, professionals at the De Luca & Partners firm, author this article dedicated to the draft legislative decree approved last February 5 by…

10 Mar 2026

The transfer of the employee is lawful when there is incompatibility with the company environment (Camera di Commercio Italo-Francese, 10 March 2026 – Vittorio De Luca, Silvia Zulato)

With Order No. 4198 of 25 February 2026, the Italian Supreme Court (Court of Cassation) – Labour Section – reaffirmed that a situation of environmental incompatibility may justify…