DID YOU KNOW THAT… The Italian National Labour Inspectorate (Ispettorato Nazionale del Lavoro, ‘INL’) has provided the first operational guidelines on the sanctions regime for unlawful agency work, contracting and secondment?

Categories: DLP Insights, Do you know that, News, Publications | Tag: Dismissal, INL

25 Jun 2024

In note no. 1091/2024 of 18 June 2024, the INL provided the first operational guidelines on the changes introduced by Italian Decree-Law no. 19/2024 regarding the sanctions regime for unauthorised agency work, contracting and secondment.

Article 29, paragraph 4 of Italian Decree-Law no. 19/2024 has, in fact, reinstated the criminal offences of unlawful agency work, contracting and secondment. It has introduced the alternative or joint penalty of arrest or fine where “agency work is carried out with the specific purpose of evading mandatory legislative provisions or of the collective agreement applied to the worker”.

The INL notes that “in relation to the correct determination of the amount of fines to be applied when alleging breaches, it is necessary to take into consideration the provisions of Article 1, paragraph 445, letter d), point 1, of [Italian] Law no. 145/2018. […] This provision was only partially amended by [Italian] Decree-Law no. 19/2024 – with the increase from 20% to 30% of the amounts of the so-called maxi-sanction for ‘off the books’ work – thereby confirming the effectiveness of the 20% increase already provided for in relation to the cases referred to in Article 18 of [Italian] Legislative Decree no. 276/2003”.

This increase must also be applied to the new fines provided for by Italian Decree-Law no. 19/2024.

By way of example, in relating to carrying on unlawful agency work “punished by imprisonment for up to one month or a fine of EUR 60 for each worker employed and for each day of work” of five workers for 20 working days each, the fine is calculated as follows:

  • EUR 60 + 20% = EUR 27
  • EUR 72 x 5 workers x 20 days of work = EUR 7,200.00.

In these operational guidelines the INL also deals with repeat offences, for which a series of increased sanctions are provided for, as well as in the case of aggravating circumstances in the case of exploitation of minors.

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