On the number 21/2020 of Labor Law and Practice the following article by Avv. Andrea Loro has been published.
The fixed-term contract cannot be entered into if the employer has not previously carried out the risk assessment, which must be taken from the specific documentation required by the workplace safety legislation (so-called “DVR” – art. 19, Legislative Decree no. Legislative Decree no. 81/2015). A similar provision was also present in the previous legislation and, with order no. 21683/2019, the Court of Cassation reaffirms the imperative nature of this provision and clarifies its content in practical terms, acknowledging the evolution of jurisprudential formed on this point.