With the recent note 9326 of December 9, 2024 based on the art. 27 of the Legislative Decree No. 81/2008, the Italian Labour Inspectorate (INL) has provided clarifications with regard to the credit licence sanction regime. The supervisory bodies referred to in Article 13 of Legislative Decree 81/2008 are tasked with verifying the offense and determining and subsequently imposing the corresponding sanction.
Learn more about the new credit licence for construction sites.
Regulatory framework in case of infringement
Paragraph 11 of Article 27 of Legislative Decree 81/2008 define who are the offenders subject to the regime:
- Those who work in construction sites without credit licence or equivalent document (offense under Art. 27(1) of Lgs. D. 81/2008)
- Those who work holding a licence with less than 15 points (offense under Art. 27(2) of Lgs. D. 81/2008)
Value and payment of the penalty
The sanction imposed amounts to 10% of the value of the works — per individual contract signed by the offender — currently being carried out and, in any case, cannot be less than €6,000, excluding VAT.
The sanction will be payed on the INL IBAN code, since they are amounts which will contribute to the “funding of the resources required for the implementation of IT systems necessary for the issuance and updating of driving licenses“.
Moreover, art. 27 of Lgs. D. 81/2008 provides in case of offenses:
- In Paragraph 11, the exclusion, for a six-months period, from taking part of public works (referred to in Lgs. D. 36/2023);
- In Paragraph 10, the removal of the company or the offending worker from the temporary or mobile construction site where they are operating without a license or with fewer than 15 credits.
Conclusions
Finally, in accordance with the obligation of supervision by the client or the project supervisor, it is important to underline that in case of subcontracting works, sanction will apply regardless of the number of self-employed workers and contracting companies involved in the works being monitored.
