Principal, contractor, and subcontractor jointly liable to workers – Article by Atty Luca Montesarchio

In the October issue of “La consulenza del lavoro”, the journal on employment and social security matters published by Eutekne, Atty Luca Montesarchio writes about the protection provided by the law to a contractor’s workers in the performance of a contract.

After examining briefly the evolution in the law from the promulgation of the Civil Code to the present, within the scope of this area, Luca targets the issue of joint liability involving the principal, the contractor, and the sub-contractor in case of labour debts, focusing on the cases commonly faced by lawyers or company consultants in their daily advisory or business activity.

In the absence of specific instruments for exemption or mitigation of the responsibility of the principal – which the current rules on joint liability do not actually provide – it is up to the client to prevent liability, by a strict control over the proper performance by the contractor of its obligations to pay social security and insurance towards its employees and the institutions of social security and public assistance.

 

The entire article is available to subscribers to Eutekne services.