The provision of labor is a complex institution of labor law, characterized by the participation of three distinct parties: the worker, the temporary employment agency, and the user company. This case is structured through a dual contractual relationship: on the one hand, the commercial contract between the temporary employment agency and the user company; on the other hand, the employment contract between the temporary employment agency and the worker. The peculiarity of this institution lies in the separation between the formal ownership of the relationship and the actual use of the work, which takes place at the user company, under the direction and organizational control of the latter. The law requires the temporary employment contract to be in writing ad substantiam, to ensure the transparency and traceability of the relationship. Failure to do so will result in the contract being declared null and void and the establishment of a direct employment relationship between the worker and the user. The latter is also subject to an administrative penalty of between €250 and €1,250. If the supply is carried out fraudulently, with the intention of circumventing mandatory or contractual provisions, both the supply agency and the user company are liable to criminal penalties consisting of arrest and a fine of €100 for each worker and for each day of illegal supply, with obvious repercussions also in terms of reputation and corporate compliance.
2026 - Morri Rossetti
