Key changes impact on outsourcing, licences for construction sites and compliance certification

At a glance

• Decree-Law No. 19 came into force on 2 March 2024, introducing significant changes to employment regulations.
• The changes impact on remuneration of employees providing outsourced services and also introduce harsher sanctions for unlawful outsourcing agreements.
• The changes also introduce special licences for employers and independent contractors operating on construction sites.
• Finally, employers who have obtained a compliance certificate from the labour inspectorate will not be subject to further inspection for 12 months.

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Remuneration of employees

Contractors and subcontractors must ensure that employees working under service contracts receive remuneration which is not lower than what is stipulated in the main collective bargaining agreements (CBA) for the relevant sector.

Sanctions for unlawful service agreements

Where unlawful service contracts have been entered into, there are now more severe sanctions:

• Both the principal and the contractor could face imprisonment of up to one month or a fine of EUR60 per employed worker per day.
• If either the principal or the contractor breaches mandatory rules, either set out by law or in a CBA, they could face imprisonment of up to three months or a fine of EUR100 per employed worker per day.
• In any case, a minimum fine of EUR5,000 applies, with a cap of EUR50,000.

Licenses for construction sites

From 1 October 2024, employers and independent contractors operating on temporary or mobile construction sites must obtain a special licence.

Requirements for obtaining the licence include:

• registration with the local Chamber of Commerce;
• compliance with mandatory training obligations under the Health and Safety at Work Act;
• holding a valid Social Security Compliance Statement (so-called DURC); and
• holding a Certificate of Tax Compliance.

Compliance certificate

• If labour inspections reveal no breaches or irregularities, the Italian National Labour Inspectorate (INL) issues a compliance certificate.
• Employers included in the INL compliance list will now be exempt from further inspections related to the same issue for 12 months.