Skip to content Within the framework of global mobility and in today’s context of geopolitical instability, Risk Assessment for employees traveling abroad has become an increasingly urgent business necessity.
Conducting it effectively before sending employees overseas allows companies to identify, evaluate, and manage complex risks, while also reducing increasingly significant civil and criminal liability exposure.
The Libya case: when Risk Assessment is not properly managed
In 2018, in Libya, two Italian technicians working for a national company were kidnapped and subsequently killed. Beyond its severity, the case led to significant legal proceedings in Italy, concluding with the Italian Supreme Court (Court of Cassation, judgment no. 29290 of October 21, 2020) confirming the criminal liability of company executives for manslaughter.
What clearly emerged from the decision was the lack of an adequate Risk Assessment and the insufficient evaluation of the measures taken by the company before sending employees abroad.
The judges highlighted that the company had failed to properly update its Risk Assessment and had not implemented safety measures consistent with the local context. Notably, the risk was already known and documented, including through official sources.
An obligation that goes beyond national borders: the role of Risk Assessment
Under employment law, employers are required to protect the physical integrity and moral well-being of employees by adopting all necessary measures based on available knowledge and technology. This principle, established under Article 2087 of the Italian Civil Code, is not limited to Italian territory.
When an employee is sent abroad, the company remains fully responsible for assessing and managing the risks associated with the assignment, including through a proper Risk Assessment, even in contexts characterized by instability or operational challenges.
The duty of care is not reduced by geographical distance or local complexity; rather, it requires an even more thorough and up-to-date Risk Assessment.
Case law has clarified that employers must be able to demonstrate that they have taken all reasonably necessary measures to prevent risks, based on a concrete, documented, and continuously updated Risk Assessment, taking into account available information and best practices.
International assignments, Risk Assessment, and criminal liability
Another important aspect concerns the potential criminal relevance of events occurring outside national territory.
In the Italian legal system, the employer holds a “position of guarantee,” meaning they have a legal obligation to prevent harmful events related to work activities, including through proper Risk Assessment. Under Article 40 of the Italian Criminal Code, failing to prevent an event that one has a duty to prevent is equivalent to causing it.
In this context, the absence or inadequacy of a Risk Assessment can be decisive: a serious accident or fatal event occurring during an international assignment may result in criminal liability for company executives, even before Italian judicial authorities.
Additionally, corporate liability under Legislative Decree 231/2001 may apply, extending to crimes committed abroad where there is a lack of adequate control systems.
The importance of Risk Assessment in international assignments
The Libya case represents a significant precedent, highlighting how risk management in international assignments cannot be neglected or handled superficially, but must be grounded in a solid Risk Assessment.
In a global environment characterized by increasing instability, sending employees abroad entails responsibilities that directly involve the entire organization and require a structured Risk Assessment approach.
This is not only about complying with legal obligations, but also about safeguarding a critical area for business continuity and the protection of human capital.
Employee safety during assignments therefore becomes central to corporate strategy, and Risk Assessment is an essential tool to integrate operational needs, regulatory compliance, and employee protection.
A&P support
To meet these needs, A&P provides companies with Atlasposting, a platform dedicated to managing international assignments and travel risk, offering concrete support.
The platform provides access to:
- up-to-date country reports
- risk maps
- real-time alerts on destination risk levels
A tool designed to support companies in managing international assignments effectively, strengthening Risk Assessment, employee protection, and compliance with regulatory obligations.