In accordance with the provisions of Ministerial Decree No. 132 of 18 September 2024, from 1 October 2024 the requirement for a credit licence for companies and self-employed persons working at temporary or mobile construction sites will come into force in Italy.
This measure aims to serve as a new qualification tool for companies. It aims to improve safety in the workplace and combat undeclared work.
How the new credit licence works for companies and self-employed workers
Starting from October 1, 2024, the points-based licence will be mandatory for companies and self-employed workers (or sole proprietorships without employees), whether Italian or based in EU or non-EU countries, operating on temporary or mobile construction sites, as specified in Article 89, paragraph 1, letter a) of Legislative Decree 81/08. Specifically, the activities covered by the provision are as follows:
- Construction, maintenance, repair, demolition, conservation, rehabilitation, renovation or equipping, transformation, renovation or dismantling of fixed, permanent or temporary works, in masonry, reinforced concrete, metal, wood or other materials, including structural parts of power lines and structural parts of electrical installations, road, railway, hydraulic, maritime, hydroelectric works and, only for the part involving construction or civil engineering works, reclamation, forestry and earthworks.
- Excavations, and the assembly and disassembly of prefabricated elements used for the execution of construction or civil engineering works are also construction or civil engineering works.
The subjects required to hold the credit licence are, therefore, companies—not necessarily classified as construction companies—and self-employed workers who “physically” operate on construction sites. By express legal provision, the following will be exempt from the obligation:
- subjects that provide mere supplies or intellectual services (for example, engineers, architects, surveyors, etc.);
- subjects holding a SOA of III class, as per Article 100, paragraph 4, of Legislative Decree No. 36/2023.
Circular 4/2024 of Italian Labour Inspectorate (INL): Requirements for the issue of the credit licence
In implementation of Ministerial Decree No. 132 of 18 September 2024, which introduces the new regulations for the issue of the credit licence, the National Labour Inspectorate published Circular No. 4 of 23 September 2024, which provides the first indications on the requirements for the issue of the credit driving licence.
Companies must meet the following requirements to obtain the credit license:
- registration with the Chamber of Commerce, Industry, Crafts and Agriculture;
- fulfilment of the training obligations provided for by Legislative Decree No. 81/2008;
- possession of a valid DURC (Single document certifying payment of contributions);
- possession of a valid Risk assessment document (DVR), in the cases provided for by the regulations in force;
- possession of the certification of fiscal regularity, pursuant to Article 17-bis, paragraphs 5 and 6, of Legislative Decree no. 241/1997, in the cases provided for by the regulations in force;
- designation of the person in charge of the prevention and protection service (RSPP), in the cases provided for by the regulations in force.
The Decree specifies that the requirements under points 1, 3 and 5 are to be proved by self-certification, while the requirements under points 2, 4 and 6 are to be the subject of a declaration in lieu of affidavit.
Operational procedures for the issue of the licence
The licence is issued in digital format by accessing the dedicated platform of the National Labour Inspectorate. The legal representative of the company, the self-employed person, or a person with the appropriate proxy (such as labour consultants, accountants, lawyers, or CAFs) may submit the application for the license.
The portal will be active as of 1 October 2024.
However, for companies and self-employed workers already working on active construction sites, it is necessary to submit a self-certification/substitute declaration concerning the possession of the requirements of Article 27, paragraph 1, of Legislative Decree No. 81 of 09 April 2008, via PEC.
Foreign companies and self-employed workers must submit, through the same platform, the self-certification concerning the possession of the document equivalent to the credit licence (EU countries) or the document certifying the recognition of the same according to Italian law (non-EU countries). In the absence of these documents, foreign companies and self-employed workers must also apply for the credit licence, declaring their possession of the same requirements and more precisely:
- for companies established in an EU Member State, possession of equivalent documents is always allowed (e.g. possession of A1 certificate instead of DURC);
- for non-EU companies, on the other hand, possession of the same documents required of Italian companies and self-employed workers, in accordance with current legislation.
After submitting the application, work is permitted until the licence is issued.
For more information on the obligations of foreign companies, visit our guide on the posting of workers in Italy.
Accreditation and revocation of the licence
When the authorities issue a license, each company obtains 30 credits. Thereafter, the company may earn up to a maximum of 100 credits over a 40-year period on the basis of:
- History of the company;
- Activity, investment and training of the company.
To work on construction sites, all companies must have at least 15 credits available.
Upon the happening of non-compliance on the basis of Article 27, paragraph 6 of Legislative Decree 81/2008, with regard to the measures indicated in Annex I-bis of the same decree, the company or self-employed worker will receive a reduction of the relevant credits.
Moreover, the competent inspection authorities may proceed with the revocation and suspension of the licence in the following cases:
- False declarations when applying for a credit licence;
- Fatal accident or permanent disability.
In the event of the operation of companies/self-employed persons with a licence with credits of less than 15, the authority may impose an administrative penalty of no less than 10% of the value of the offence, and in any case no less than €6,000.
For companies with 15 credits, on the other hand, it will be possible to complete the work if the value of the work carried out on the site is at least 30% of the total value of the job order.
For more information, take a look at our article on the sanction regime for the Italian credit licence.