Last Updated on May 8, 2024
Confirming the criminal sanctioning system provided for in the Decree for unlawful lease of personnel (see our newsflash “Publication of New Decree PNRR 4” of 11.03.2024), conversion law no. 56 of 29 April 2024 once again intervenes on the guidelines of contracting.
It stipulates that the personnel employed in contracting and subcontracting shall now be accorded not only an economic treatment (as per the Decree prior to conversion), but also a legislative treatment, on the whole not inferior to that provided for by the national and territorial collective agreement (no longer most widely applied but) stipulated by the comparatively more representative workers’ unions and employers on a national level, applied in the sector and for the area strictly linked to the activity in the contract and subcontract.
Whereas it confirms criminal sanctions for unlawful contracting and secondment, for both the supplier and the user, of up to one month’s imprisonment or a 60-euro fine for each worker employed and for each day of work and all the hypotheses that constitute aggravating circumstances (fraudulent intent, exploitation of minors and recidivism). In this regard, the new paragraph 5-quinquies of Article 18 of Italian Legislative Decree 276/03 (as amended at the time of conversion) specifies that the amount of the proportional fines may not, in any case, even without determination of minimum or maximum limits, be less than €5,000 or more than €50,000.
It also modifies the provisions introduced by the Decree for public and private contracts for work carried out in temporary or mobile construction sites. We remind you that, as of 1 October 2024, companies and self-employed workers operating in this sector are required to possess the so-called points licence, issued by INL (National Labour Inspectorate) and with an initial score of 30 credits. The law now specifies that:
- persons who merely provide supplies or services of an intellectual nature or who are in possession of an equivalent document issued by another State are excluded from this obligation;
- in addition to registration with the Chamber of Commerce, fulfilment of the training obligations set out in the Decree and possession of the documents proving regularity of contributions and taxes, and risk assessment, conditions for issue of this licence also include the appointment of a Prevention and Protection Service Manager (RSPP in Italian);
- possession of the above requisites may be self-certified by the applicant. False declaration will result in the licence being revoked.
Points may be deducted from the initial 30 points as a consequence of the violations expressly indicated in the new Annex I-bis, following definitive measures issued against the employers, managers and supervisors of the companies or self-employed workers. Should the points drop to below 15, companies and self-employed workers will no longer be authorised to work, but they may now complete the contracted (or subcontracted) job in progress, if they have already completed more 30% of the contract
Lastly, this conversion law introduces tougher sanctions for those working without a licence or with one having fewer than the minimum points, together with application of an administrative fine equal to 10% of the value of the job and, in any case, of no less than €6,000 (instead of the previous fine ranging from €6,000 to €12,000), together with exclusion from participation in public works for a period of six months.
Toffoletto De Luca Tamajo is at your disposal for any support or clarification you may need.
For further information: comunicazione@toffolettodeluca.it
