[Temporary work].

Abstract

In recent years, labour market has really changed in Italy: in addition to traditional categories of workers, self-governing or subordinate, a "tertium genus" was born, that of "temporary workers". This new modality allows firms which need to introduce temporary workers in production processes, to find them through the activity of skilled intermediary agencies. This type of agencies, regularly authorized by the Ministry of Labour, was born to select subordinates, who will work in other firms, without engagement. (The low which regulates temporary work in Italy is the Act n. 196 of 1997). The subject analysed the most closely in the text, is the really interesting question of responsibility for prevention, safety and health in work places: in fact, temporary work creates a complex system of bilateral relations, but the only real work contract is between provider firms and temporary workers. The Act n. 196 states that the provider firm must fulfill its duties of contribution, security, aid and insurance against industrial accidents and occupational diseases. Therefore, according to a series of argumentations developed in the text, only the occupational health consultant designated by the temporary agency is reasonably responsible for medical supervision, but he has to coordinate and collaborate with the occupational health consultant of third firms (Directive 383 of 1991 and article 7 of Legislative Decree n. 626 of 1994). On the contrary, firms which need temporary workers, must fulfill duties of information and training for workers. As a consequence, to draw a conclusion, on the ground of principles of European Union and national laws (in force since '50s in this field), the responsibility for medical supervision falls on temporary agencies; on the contrary, economic responsibility falls on firms which request workers, in order to achieve protection of workers' health.