Judgment No. 1328 of 2025: Protection of Italian Workers Abroad

The judgment no. 1328 of January 20, 2025, issued by the Court of Cassation, represents an important reference point for understanding the social security protection of Italian workers operating abroad. In particular, the case in question involved an Italian citizen, L. D. B., who had worked in the United States for a company controlled by an Italian firm. The Court had to examine the scope of Article 7, paragraph 3, of Law No. 86 of 1975, which incorporates the Washington Convention on social security.

The Context of the Judgment

The central issue concerned the applicability of Italian legislation on social security for Italian workers employed abroad. According to current regulations, work performed in the United States by an Italian citizen is covered by Italian legislation, but with limitations. The Court clarified that the reference to a company controlled by an Italian firm must be interpreted as a factual presupposition and not as a factor that modifies the employer's liability.

In general. Article 7, paragraph 3, of Law No. 86 of 1975, which implements the Washington Convention between Italy and the USA on social security, provides that work performed in the United States by an Italian citizen employed by an Italian employer or by a company controlled by an Italian firm is covered by Italian legislation, without altering the general provision of Article 2115 of the Civil Code, according to which the employer is responsible for the contribution obligation, since the reference to work under an "enterprise controlled by an Italian enterprise" is relevant merely as a factual presupposition for the application of Italian law and not to identify a different holder of the obligations of a contributory and compensatory nature.

Significance of the Judgment

The judgment reiterates that the employer's responsibility regarding social security remains unchanged, regardless of whether the worker operates for a controlled company. This means that Italian companies must still comply with the contribution obligations established by Italian regulations, even when workers are employed abroad. The Court, therefore, emphasizes the need for a rigorous application of the rules, thereby ensuring adequate protection for Italian workers.

  • Recognition of social security coverage for workers abroad.
  • Employer's responsibility unchanged according to Article 2115 of the Civil Code.
  • Importance of correct interpretation of international regulations.

Conclusion

In conclusion, judgment no. 1328 of 2025 offers an important clarification regarding the social security protection of Italian workers abroad. It emphasizes that, despite the complexities related to employment in controlled companies, Italian law remains firm in guaranteeing workers' social security rights. This represents a significant step for the protection of the rights of Italian workers, both at home and abroad.

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