With note no. 9326 of December, 9, 2024, the National Labour Inspectorate (i.e. “Ispettorato Nazionale del Lavoro” or “INL”) provided an overview of the new sanctions regime introduced by Article 27 of Italian Legislative Decree No. 81/2008, as amended by Italian Decree-Law 19/2024 (converted by Law 56/2024). This regime applies to all violations concerning the credit license (i.e., “patente a crediti”) as of October 1, 2024.
Paragraph 11 of Article 27 establishes a system of penalties for companies operating on construction sites without a valid credit license or with a score lower than 15 points (it should be noted that the initial score is 30 points.)
Administrative penalty
The legislator has provided for an administrative sanction equal to 10% of the value of the works (excluding VAT), with a minimum penalty of EUR 6,000, which is not subject to the warning procedure under Article 301-bis of Italian Legislative Decree No. 81/2008. The value of the works to be considered is the amount specified in the contract or subcontract. If the value of the works is unknown or below the minimum threshold, the penalty of Euro 6,000 will still apply. However, a reduction to one-third of the penalty is possible if the fine is paid within 60 days.
The law also defines the liability of the principal. The principal is responsible for verifying whether the contractor holds a valid credit license or an equivalent document. If the company is not required to hold the license, the principal must verify the SOA qualification certificate. This certificate verifies the company’s economic, organizational, and technical qualifications, ensuring that the company meets specific criteria required for the execution of public works.
The note distinguishes between different hypotheses regarding the principal’s duty of verification.
- If the principal, or in any case the person in charge of the works, fails to verify the possession of the license and awards the work to someone without the license or the SOA certificate, the principal will face a fine ranging from EUR 711.92 to EUR 2,562.91.
- The same penalty applies if the principal awards the work to a person with a license that has fewer than 15 points.
- If the license is suspended, revoked, or reduced to fewer than 15 credits after the work has been awarded, the penalty will not apply to the principal or to the person in charge of the work, but to the contractor or self-employed worker. In this case, a fine equal to 10% of the value of the work (but no less than EUR 6,000) will be applied.
The authority responsible for issuing the injunction is the Labour Inspectorate (i.e. “Ispettorato del Lavoro”) in the jurisdiction where the employee who detected the violation is based. In the absence of a specific provision, all supervisory authorities listed in Article 13 of Italian Legislative Decree No. 81/2008 are authorized to identify the violation and impose the relevant sanction.
Penalties must be paid via the “PagoPA” system (the Italian government’s digital payment platform) for fines issued by the Labour Inspectorate. For fines issued by other supervisory bodies, payment must be made to a dedicated account, with the reason for the payment clearly indicated.
Exclusion from participation in public works
Another key update introduced by paragraph 11 is the exclusion of penalized companies from participating in public works under Italian Legislative Decree No. 36/2023 for a period of six months. In this case, the supervisory authority must notify the sanction both to the Italian National Anti-Corruption Authority (i.e., “ANAC”) and the Ministry of Infrastructure, which will issue the exclusion order. The penalized company or self-employed worker will be removed from the construction site by inspection authorities and will be notified that they are prohibited from working on any temporary or mobile construction site.
The new sanctions regime strengthens the responsibilities of both principals and companies operating on construction sites, imposing significant penalties on those who fail to comply with the newly enacted legislation. Penalties vary according to the specific situation, but adherence to the regulations is crucial, not only to ensure compliance with the current legal framework but also to protect workers’ health and safety.e il rispetto della sua ratio più profonda, ossia tutelare e assicurare la salute e la sicurezza dei lavoratori.
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