The Italian Supreme Court has issued an important clarification regarding the criteria for identifying a “de facto” employer in workplace health and safety criminal matters. The decision, delivered by the Third Section of Italy’s Supreme Court on August 7, 2024 (judgment no. 32123), addresses the responsibilities and qualifications necessary to attribute liability in such cases.
Background
This case involved a formal employer who was convicted of workplace safety violations, including failure to assess risks, provide proper training to workers, and implement necessary accident prevention measures. Alongside the formal employer, a worker was initially sentenced as a “de facto” employer for providing information and handing over company documents to judicial police officers during their inspection. The worker also assisted in contacting the formal employer.
The worker challenged the decision, arguing that their actions did not constitute the exercise of powers typical of an employer under Article 299 of Legislative Decree no. 81/2008.
Supreme Court Ruling
The Supreme Court overturned the sentence against the accused worker, establishing a key principle for workplace health and safety cases. The court affirmed that merely being present during an investigation, providing company documents, or possessing knowledge about the enterprise’s operations does not make someone a “de facto” employer.
For an individual to be deemed a “de facto” employer, it must be demonstrated that they exercised the powers typical of an employer. These include managerial, organizational, or supervisory roles that effectively transfer the formal employer’s responsibilities. The court explicitly stated that the availability of documents and basic knowledge of the enterprise are insufficient to demonstrate such powers.
Implications for Businesses
This landmark ruling offers critical guidance to businesses, legal professionals, and HR managers regarding liability in workplace safety matters. It reinforces the distinction between formal and “de facto” employers, emphasizing that actual decision-making authority and active engagement in employer responsibilities are the defining factors.
By narrowing the definition of a “de facto” employer, this judgment protects employees from being wrongly attributed with liability and ensures that accountability remains with those exercising genuine employer powers.
Key Takeaways
- The Italian Supreme Court requires proof of exercising typical employer powers to designate someone as a “de facto” employer in workplace safety incidents.
- Providing information, handing over documents, or being present during inspections does not meet the criteria for “de facto” employer status.
- Businesses and HR managers should ensure clear organizational structures to avoid misinterpretations of roles.
This decision not only sharpens the legal interpretation of “de facto” employer but also emphasizes the need for proper operational clarity within organizations to ensure accountability aligns with actual managerial authority.
Business owners and legal professionals should take note of this ruling to better understand liability frameworks in workplace safety settings.
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