The law n. 203/2024 has modified article 304, paragraph 1, letter b) of the Legislative Decree n. 81/2008, which provides for the repeal of paragraphs 3, 4, and 5 of article 36-bis of the Legislative Decree 223/2006 (INL, note January 23, 2025, no. 656).
The National Labour Inspectorate (INL) has explained the changes introduced by the recent Employment Act (Law n. 203/2024) on the obligation to display identification badges at construction sites. This is a change to article 304, paragraph 1, letter b) of the Legislative Decree n. 81/2008, which provided for the repeal of paragraphs 3, 4 and 5 of article 36-bis of the Legislative Decree 223/2006.
In particular, the repealed legal provisions introduced, within the scope of construction sites, the obligation for employers to provide the employed personnel with a specific identification badge and the obligation of workers to display it; the repeal stems from the fact that these obligations are already provided for in the following terms of the Legislative Decree n. 81/2008: article 26, paragraph 8; article 20, paragraph 3 and article 21, paragraph 1, letter c.
So, following the repeal of article 36-bis of the Legislative Decree 223/2006, in the case of work carried out under contract or subcontract, the following provisions now apply:
– the employer of the contracting or subcontracting company who does not provide its workers with a specific identification badge under article 26, paragraph 8, is punished by article 55, paragraph 5, letter i) of the Legislative Decree n. 81/2008;
– the worker of the contracting or subcontracting company who does not display the same badge under article 20, paragraph 3, is punished by article 59, paragraph 1, letter b) of the Legislative Decree n. 81/2008.
In the case of performance in a workplace where activities under contract or subcontract are carried out, the same obligations fall on the independent worker, to whom the following provisions apply:
– the independent worker who does not equip himself with a specific identification badge under article 21, paragraph 1, letter c, is punished by article 60, paragraph 1, letter b) of the Legislative Decree n. 81/2008;
– the independent worker who does not display the same badge under article 20, paragraph 3, is punished by article 60, paragraph 2, of the Legislative Decree n. 81/2008.
In short, significant changes have been made by the recent law n. 203/2024, affecting both independent workers and those working under contracts or subcontracts at construction sites. These focus mainly on the obligations related to the usage and display of identification badges, with strict penalties in place for non-compliance.
