Straining e disagio lavorativo

The contribution analyzes the recently emerged figure of the cd. damage from straining. The author investigates the boundaries of the case, based on jurisprudential sources. It then focuses on proving and determining the damage suffered. The phenomenon is then framed within the general safety obligation imposed on the employer, of which the preventive perspective is emphasized. The author then underlines the risk of drifts in ascertaining the damage from straining and in this perspective proposes a careful reading of the importance of the employer's organizational power. Finally, the author proposes a reflection on the new balances of labor law.