La prevenzione dello sfruttamento illecito dei lavoratori nei sistemi di esternalizzazioni aziendali tramite lo strumento del Protocollo per la legalità

Abstract

Recent investigations conducted by the Milan Public Prosecutor’s Office have revealed serious cases of labor exploitation, primarily affecting migrant workers, in the logistics, large-scale retail, and fashion sectors. These phenomena are closely linked to the failure of client companies to verify the actual entrepreneurial capacity of contractors, as well as to the absence of inspections and audits on the concrete working conditions.
Such omissions constitute the grounds for the application of judicial administration under Article 34 of Legislative Decree No. 159/2011, conceived not only as a repressive tool but also as a mechanism for corporate reorganization and the promotion of a culture of legality. In this context, legality protocols emerge as a key preventive instrument, capable of monitoring production chains and supporting companies in ensuring transparency and integrity, while simultaneously reducing the risk of indirect liability and judicial measures resulting from unlawful conduct by contractors and subcontractors.