On January 23rd, 2025, the Italian National Labor Inspectorate issued note n. 656, providing clarifications regarding the employer’s obligation to provide their staff with an identification badge and the worker’s obligation to display it.
These clarifications arise from the amendment made by Law no. 203/2024 to Article 304, paragraph 1, letter b) of Legislative Decree no. 81/2008.
What Legislative Decree n. 81/2008 provides for
In the case of activities carried out at construction sites, the obligation to have a personal identification badge and display it is reiterated by the provisions set out in Legislative Decree no. 81/2008:
- Article 26, paragraph 8: “In the context of activities carried out under contracts or subcontracts, the personnel employed by the contracting or subcontracting company must be provided with an appropriate identification card bearing a photograph, containing the worker’s personal details and the name of the employer.”
- Article 20, paragraph 3: “Workers from companies engaged in activities under contracts or subcontracts must display an appropriate identification card, bearing a photograph, containing the worker’s personal details and the name of the employer. This obligation also applies to self-employed workers performing their activity directly at the same workplace, who are required to provide for this themselves.”
- Article 21, paragraph 1, letter c: “Members of the family business as per Article 230-bis of the Civil Code, self-employed workers performing work or services under Article 2222 of the Civil Code, direct cultivators of the land, partners of simple companies operating in the agricultural sector, artisans, and small traders must […] carry an appropriate identification card bearing a photograph, containing their personal details, if they perform their work at a location where activities are carried out under contracts or subcontracts.”
Sanctions
If the employer or the worker fails to comply with the above obligations, in the case of activities carried out under contracts or subcontracts, including those at temporary and mobile construction sites, both may be subject to sanctions, which include administrative financial penalties.
In particular, the employer of the contracting or subcontracting company in violation will be penalized according to article 55, paragraph 5, letter i), of Legislative Decree no. 81/2008.
If it is the worker from the contracting or subcontracting company who fails to display their identification badge, they may be subject to a penalty under Article 59, paragraph 1, letter b) of Legislative Decree no. 81/2008.
Finally, with regard to a self-employed worker who performs their services at a workplace where activities are carried out under contracts or subcontracts, the same obligations will apply, and failure to comply will result in the penalties provided for in Article 60, paragraph 1, letter b) and paragraph 2 of Legislative Decree no. 81/2008.
Learn more also on the new credit licence for construction sites in Italy.
