LABOUR | Risk assessment needed for Temporary agency work

On 15 December 2025, the Italian Supreme Court issued its judgment No. 32659, holding that the risk assessment required under Article 32 of Legislative Decree No. 81 of 15 June 2015 constitutes a condition for the lawfulness of temporary agency work arrangements. The case concerned the adequacy of the risk assessment document (DVR) prepared by a user company employing agency workers. The lower courts had already declared the contracts unlawful, as the company had failed to demonstrate that it had carried out a specific risk assessment addressing the risks faced by agency workers when assigned to particular tasks or departments. The Supreme Court confirmed that a general risk assessment applicable to all employees is not sufficient. The DVR must specifically identify the risks connected to temporary agency work, the individual and collective protective measures required, and the procedures for their implementation. The Court emphasized that this obligation aims to ensure effective health and safety protection for agency workers and cannot be treated as a mere formality. Failure to comply may result in the invalidity of the arrangement, with the risk of conversion into an open-ended employment relationship and the payment of damages.

Newsletter n. 116 – March 2026