Labor law balances contractual flexibility with worker protection. Labor supply, while legitimate, can degenerate into evasive practices, constituting fraudulent labor supply. The Court of Cassation, with Judgment no. 32041 of September 26, 2025, provides essential clarifications on the legal nature of this offense, crucial for understanding responsibilities and rights.
The Offense of Fraudulent Labor Supply: A Regulatory Framework
Article 18, paragraph 5-ter, of Legislative Decree no. 276 of 2003 penalizes fraudulent labor supply, which occurs when the supplier and the user agree to circumvent mandatory legal provisions or collective agreements, to the detriment of workers. The Cassation ruling, concerning the case of Mr. M. F. (annulling without referral a decision of the Preliminary Hearing Judge of Ivrea), focuses on the moment the offense is perfected.
The Clarity of the Cassation: Instant Danger Offense
The Supreme Court has clearly outlined the nature of fraudulent labor supply. Here is the summary:
The offense of fraudulent labor supply under art. 18, paragraph 5-ter, of Legislative Decree of September 10, 2003, no. 276, is an instant danger offense, which is perfected by the agreement between the supplier and the user aimed at evading mandatory legal provisions or collective agreements applied to the worker, and eventually becomes permanent if, in execution of the evasive agreement, the worker is actually detached and utilized.
This definition is fundamental: the offense is of "instant danger" and is perfected by the mere evasive "agreement," without the need for immediate damage. However, it becomes "eventually permanent" if, in execution of such agreement, the actual detachment and utilization of the worker takes place, extending the relevance of the offense for the entire duration of the illicit act.
Impact and Protection of Rights
Judgment no. 32041/2025 reinforces the need for companies to operate with utmost diligence. The evasive intent, even without immediate damage, constitutes criminal liability. For workers, it is an additional guarantee against practices that deprive them of fundamental rights, including:
- Adequate remuneration in accordance with National Collective Labor Agreements (CCNLs);
- Compliance with regulations on working hours and rest periods;
- Access to social security and welfare benefits;
- Protection of health and safety in the workplace.
The legislator, with regulatory references such as Decree-Law no. 19/2024 and Law no. 56/2024, continues to protect fairness in the labor market.
Conclusions and Orientations
Judgment no. 32041 of 2025 by the Cassation Court is a clear signal: fraudulent labor supply is a serious offense, constituted by evasive intent. Companies must act with transparency and seek expert legal advice. Workers must be informed and report irregularities. Only in this way can a fair and protected labor market be guaranteed.
