Responsabilità datoriale per danno da conflittualità lavorativa e modelli di organizzazione e gestione

Abstract

Employers’ liability for damages arising from workplace conflicts, particularly in light of the most recent case law, extends well beyond the concepts of mobbing and straining. In this context, the adoption of an organizational and management model pursuant to Article 30 of Legislative Decree No. 81/2008 and Articles 6 and 7 of Legislative Decree No. 231/2001 may constitute a fundamental strategy for preventing health damage caused by workplace conflict. Such models are capable of demonstrating that all organizational measures necessary to prevent and address psychosocial risks have been adopted, while also mitigating employer liability.
Although these forms of conduct are not specifically classified under the Criminal Code, several types of behaviour capable of violating Article 2087 of the Civil Code may nonetheless amount to criminal offences and constitute predicate offences under Legislative Decree No. 231/2001. Indeed, where organizational models suitable for risk prevention are not adopted, entities may incur administrative liability.
In this regard, the organizational and management model (MOG) plays a crucial role, as it provides for appropriate organizational measures aimed at ensuring compliance with occupational health and safety regulations, as well as business management systems capable of identifying, analysing, and managing specific risks.
From this perspective, affidavit represents a valuable tool for ensuring the quality and effectiveness of the models adopted by companies, thereby helping to reduce the risk of workplace conflict and demonstrating that the entity has implemented all necessary organizational measures. As a result, employer iability may be limited.