Abstract

The author examines the systematic implications on labour law of the recent judicial trends about personal injuries in employment relationship and identifies a series of critical points of the judicial and doctrinal theory of s.c. existential damage. The right to the physical integrity and the moral personality of employees stays within employment contract: which makes debatable both the reference to tort liability and the trend to give importance only to the remedy of damage, neglecting on the contrary the demand to make effective workers protection As regards the compensatory aspect, the author concludes proposing to attribute only a residual importance to existential damage, in all the cases in which a damage to the physical integrity of employees did not occur.