The National Labour Inspectorate, following the Circular n. 4/2024, provides the first directives related to the sanction regime of the so-called credit license, as governed by the Art. 27 of the Legislative Decree No. 81/2008 (Notice 09 December 2024, n. 9326).
From 1 October 2024, companies and self-employed workers operating in temporary or mobile construction sites referred to in Article 89, paragraph 1, letter a), excluding those who carry out mere supplies or intellectual services, are required to possess the license. The license comes with an initial score of 30 points which, according to art. 4 of the Ministerial Decree no. 132/2024, can be increased up to 100 points. A score below 15 does not allow companies and self-employed workers to operate at construction sites. The sanction for no license is equivalent to a company having no license or not recognized by Italian law.
An administrative sanction introduced by paragraph 11 of Article 27, Legislative Decree no. 81/2008 is applied both to those operating on construction sites without a license or equivalent document, and to those who have a license with less than 15 credits. A sanction is set at 10% of the work’s value, but not less than € 6,000, and is not subject to the warning procedure under Article 301bis of Legislative Decree No. 81/2008.
Any fines imposed will go to the National Labour Inspectorate budget, financing resources for the implementation of IT systems necessary for issuing and updating licenses.
Additionally, the section 11 also stipulates the exclusion from public works participation for six months. ANAC and the Ministry of Infrastructure and Transport must be duly notified for the adoption of the prohibitive measure by the same Ministry. This applies in the case of lack of a license or an equivalent document, or a license with a score below 15 points.
The client or project manager, even in the case of entrusting the work to a single company or self-employed worker, verifies the possession of a license or equivalent document against the executing companies or self-employed workers. If the client or project manager has neglected to verify permission and assigned work to someone without a license, they will be fined from € 711.92 to € 2,562.91, subject to a warning. This fine does not apply if the license is lost after assignment due to suspension, revocation, or credit deduction below 15. In the case of the executing company or self-employed worker, however, the sanction of Article 27, paragraph 11, Legislative Decree No. 81/2008 applies (10% of work’s value and no less than € 6,000).
The license obligation was enforced on 1 October 2024, and Article 90 contextualizes the client’s and project manager’s checks at the moment of work assignment. Therefore, the sanction of Article 157 can only apply to works assigned after 1 October 2024.
