Omessa specifica valutazione dei rischi dei lavoratori somministrati e costituzione di un rapporto di lavoro a tempo indeterminato con l’utilizzatore (Nota a Cassazione civile, sez. lav., 15 dicembre 2025, n. 32659)

Abstract

The recent decision of the Labour Section of the Italian Supreme Court (No. 32659 of 15 December 2025) provides an opportunity to reconsider the legal framework governing risk assessment in temporary agency work. After reconstructing the relevant regulatory scheme, which prohibits the assignment of agency workers to user undertakings that have failed to carry out a risk assessment and allows such workers, in those circumstances, to seek the establishment of an employment relationship ab initio with the user undertaking, the article examines the Court’s reasoning. In the decision under review, the Supreme Court explicitly identifies an enhanced obligation concerning risk assessment, requiring a specific assessment tailored to temporary agency workers. According to the Court, such a heightened duty is justified by the condition of flexible workers, stemming from the limited period during which they remain within the user undertaking’s organisational structure.