Labour & Law Issues (Jul 2023)
Work without a fixed workplace, de-materialisation of space, health and safety at work
Abstract
The essay aims to examine the overall conceptual framework on which the legislative decree 9 April 2008 n. 81 is based upon. This decree is currently challenged by the definition of the concept of “workplace”, which is becoming increasingly flexible. Indeed, in recent years, the employer has become less and less in control of the location where work takes place, thus resulting in risks, mainly of a psychosocial nature, to the employee’s health and safety. In this perspective, the essay, first, highlightes the strengths of the current legislation as well as its critical issues, mentioning the prevention legislation relating to individual cases (remote work, work on demand, etc.). Afterward, the essay attempts to outline the possible directions for the development of a prevention system for those without a fixed workplace. The system will aim to guarantee the worker’s overall well-being by making mandatory for the employer to periodically verify and assess their worker’s health and safety condition.
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