With the Ruling No. 4 of 17 October 2025, the Ministry of Labour and Social Policies provided important clarifications regarding the obligations of companies operating in the construction sector.
The ruling responds to questions submitted by the National Federation of Electronic and Electrotechnical Enterprises (ANIE). In particular, as regards the obligation to register with the Cassa Edile and the application of the rules on workforce congruity (DURC).
The Federation asked whether these obligations and rules apply only to companies using the Construction National Collective Bargaining Agreement (CCNL Edilizia). It also asked whether these obligations extend to companies covered by a different sectoral agreement, such as metalworking. And specifically, to the cases in which those companies perform construction activities only on an ancillary basis.
Contents of the Ruling
To begin with, the Ministry of Labour considered it important to highlight the purpose of the DURC verification of congruity. This verification introduced in 2020 aims to counter irregular work, with specific reference to the construction sector and construction-related contracts.
With regard to the question raised by the ANIE Federation, the Ministry’s response clarifies several essential points:
- First, the Ministry addresses the issue of the congruity check (DURC). It verifies the proportionality between the labour employed and the corresponding social security contributions.
The Ministry specifies that this verification of labour congruity applies to all activities carried out on the construction site, including complementary or related activities. It adds that it is required even when performed by companies applying a collective agreement other than the construction agreement.
By contrast, non-construction activities—such as the supply of essential works—are excluded from this verification.
- The Ministry clarifies that companies requesting the DURC must register with the Cassa Edile only in specific cases. Companies must register with the Cassa Edile only if they primarily engage in construction activities. This condition is determined by the collective agreement they apply and by their sector of classification.
- Finally, the ruling distinguishes between different categories of companies. Companies that in practice primarily engage in construction activities must both request the issuance of the DURC of congruity for construction work carried out on site and register with a Cassa Edile. Conversely, companies whose main activity is different than construction only need to request the issuance of the DURC of congruity for construction work performed on site, without registering with a Cassa Edile. These companies will therefore pay the Cassa Edile solely for the service fees related to the issuance of the DURC.
The ruling provides a decisive contribution in resolving several regulatory ambiguities. These ambiguities had generated significant interpretative doubts and operational difficulties in workplaces in recent years. They had also caused additional costs for many of the parties involved.
