Contracting and subcontracting: issues from a labor perspective and the Esselunga Case Study

This thesis explores critical issues in Italian labor law, focusing on workplace safety and subcontracting in public and private procurement. Using the Esselunga construction site collapse in Bagno a Ripoli (February 2024) as a case study, the research examines the failures in safety regulations, responsibilities within contracting and subcontracting chains, and the effectiveness of legal frameworks. The study delves into Legislative Decree No. 81/2008, highlighting gaps in enforcement and oversight, as well as recent reforms in the Public Procurement Code (D. Lgs. 36/2023) that impact labor conditions. Special attention is given to joint liability, new technologies, trade union interventions, and the risks of cascading subcontracting in reducing worker protections. Finally, the thesis evaluates potential regulatory solutions, including stricter enforcement, enhanced transparency, and broader application of public sector safety standards to private contracts. The goal is to contribute to the ongoing debate on worker protection, advocating for a labor system where safety is a priority rather than a regulatory formality.