Judgment No. 38464 of 2023: The Notion of Worker and its Application in Labor Law

Judgment No. 38464 of June 23, 2023, filed on September 21 of the same year, offers relevant insights for understanding the definition of "worker" within the context of Italian occupational safety legislation. With a particular focus on Legislative Decree No. 81 of 2008, the Court clearly established that the notion of worker extends beyond traditional boundaries to include those who, even if not formally employed, perform tasks typical of the business.

The Meaning of the Notion of "Worker"

According to the judgment, the definition of "worker" as per Article 2, paragraph 1, letter a), of Legislative Decree No. 81 of April 9, 2008, requires the performance of work activity within the employer's organization, regardless of the contractual type. This implies a broader recognition than that provided by previous regulations.

Employment Relationship - Notion - Consequences - Factual Circumstances. The definition of "worker" under Article 2, paragraph 1, letter a), of Legislative Decree No. 81 of April 9, 2008, requires the performance of work activity within the employer's organization, irrespective of the contractual type, and is broader than that provided by Article 3 of Presidential Decree No. 547 of April 27, 1955, which referred instead to the "subordinate worker" and the "person who performs their work for an employer" (Article 2, paragraph 1, letter a), of Legislative Decree No. 626 of September 19, 1994). Therefore, for the application of the criminal provisions set forth in the aforementioned Legislative Decree No. 81 of 2008, the objective performance of tasks typical of the business is relevant, even if gratuitously, at the designated location and at the entrepreneur's request. (Factual circumstances relating to a workplace accident caused by the imprudent starting of a vehicle's engine by a worker who, although not formally employed, was regularly and habitually engaged in performing tasks typical of the business).

Implications for Accident Liability

The judgment in question is particularly relevant in the context of liability for workplace accidents. Indeed, the case analyzed concerned an accident caused by the imprudent starting of a vehicle's engine by a worker who, although not formally employed, performed tasks stably within the organization. This necessitates a reflection on the employer's responsibilities and the importance of ensuring a safe working environment for everyone, including those without an official contract.

• The definition of worker extends beyond the formal contract.
• The employer has responsibilities even for workers not formally employed.
• It is essential to ensure safety and prevention in every work context.

Conclusions

Judgment No. 38464 of 2023 represents a significant step towards a more inclusive and protective interpretation of the worker's role, expanding the employer's responsibilities regarding occupational safety. It is essential for companies to acknowledge these implications and adopt adequate preventive measures to ensure the safety of all those operating within their organization, regardless of their contractual form.