Decidere quando è grave. Considerazioni sulla discrezionalità degli ispettori del lavoro in Italia e nei Paesi Bassi

This article studies labour inspectors’ discretion in determining the severity of labour exploitation. The concept of labour exploitation is not clearly defined at a legal level, leaving these professionals the necessity to move within a discretionary space. This study, using a qualitative methodology and through a vignette study, investigates the way in which labor inspectors in Italy and the Netherlands decide when a work irregularity can be considered "severe labour exploitation" and, therefore, become of criminal relevance. The study places itself within the broader analytical framework of the street-level bureaucracy, studying the discretionary power of these actors and the way in which they solve different dilemmas. The research highlights 1) which institutional, situational and individual factors explain the way in which it is decided when exploitation is “severe” and 2) how the phenomenon of labour exploitation is defined and managed by these professionals.