With note no. 964 dated June 4, 2025, the Italian National Labour Inspectorate (INL) issued important operational guidelines regarding the application of sanctions under Article 27, paragraph 11 of Legislative Decree 81/2008, in cases where an inspection reveals that a formally self-employed work arrangement is actually an employment relationship.
The Issue: False self-employment and sites without credit licenses
The regulation in question concerns construction sites and establishes that companies and self-employed workers must hold a credit license, which certifies technical competence and compliance with occupational health and safety regulations. Specifically, the absence of the license or holding a license with fewer than 15 credits results in:
- An administrative fine equal to 10% of the value of the work, but not less than €6,000;
- Exclusion from participating in public works for six months.
The note focuses on cases where, during inspections, it is determined that a person formally classified as a self-employed worker is in fact working as an employee under the control of the contracting company.
INL’s Interpretation: Liability rests with the contracting company
INL clarifies that, once the absence of actual self-employment is confirmed, the so-called “pseudo self-employed” person must be treated as an employee of the contractor. As a consequence:
- The sanction related to the lack of a credit license does not apply to the individual, since the requirement only concerns genuine self-employed workers;
- All sanctions fall on the contracting company, including those related to reclassification of the employment relationship, and those concerning health and safety violations, such as lack of training or medical surveillance;
- Sanctions under Art. 27(11) of Legislative Decree 81/2008 for lacking the license apply only to the contracting company.
Therefore, it is also not possible to sanction the contracting company for failing to verify the worker’s credit license, as the individual—once reclassified as an employee—is no longer subject to that obligation.
Sanction consistency and legal protection
A central point in the note is the need for consistency in sanctions. Simultaneously penalizing both the absence of a license (as if the worker were self-employed), and the existence of an employment relationship would be contradictory. This would undermine the legal standing of the inspection findings, particularly in court.
Conclusions
Note no. 964/2025 provides clarity on the credit license system in construction sites and the fight against false self-employment, both strictly linked to workplace safety and workers’ rights protection. INL’s guidance aims to hold companies accountable and prevent the misuse of contractual arrangements to circumvent health and safety obligations.
