Categories: Insights, Legislation


29 Nov 2016

The decree amending the criminal offence of illegal intermediation and exploitation of work set forth by section 603-bis of the Italian Criminal Code published by the Italian Official Gazette

Law no. 199 dated 29 October 2016, which amends illegal intermediation and exploitation of work set forth by section 603-bis of the Italian Criminal Code was published in edition 257 of the Official Gazette on 3 November 2016, just five years after its introduction in the Criminal Code by Law no. 148/2011. The amendments went into force on 4 November 2016. It should be noted that the penalties set forth by the above section are applied against anyone who provides intermediation services to recruit workers for third party employees and whoever takes on, employs or uses workers even through intermediation services, and exploits the same or takes advantage of persons in need. Whilst in the past the offence was considered to exist only in cases where the facts were committed using violence or threats, according to the new law the offence is considered to exist even without violence or threats, that are considered to be aggravating circumstances. The conditions considered to be exploitation indicators” have also been modified and, for the specifics of the crime, may also exist separately. In particular, these conditions are: (i) repeated payment of wages in breach of national or regional collective bargaining agreements concluded by the most representative trade unions at a national level, or which are at least disproportionate with respect to the quantity and quality of work performed; (ii) repeated breach of the law on working times, rest periods, weekly time off, mandatory long-term leave and holiday leave; (iii) breach of workplace health and safety regulations; (iv) subjecting workers to degrading working conditions, supervision or housing.

Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

10 Mar 2026

The transfer of the employee is lawful when there is incompatibility with the company environment (Camera di Commercio Italo-Francese – Vittorio De Luca, Silvia Zulato)

With Order No. 4198 of 25 February 2026, the Italian Supreme Court (Court of Cassation) – Labour Section – reaffirmed that a situation of environmental incompatibility may justify…

3 Mar 2026

Employee monitoring: when “bossware” becomes a legal risk (Agenda Digitale, 2 marzo 2026 – Martina De Angeli)

Monitoring workers through digital tools is a rapidly expanding practice, accelerated by the spread of remote work and the digital transformation of companies. Before adopting these systems, however,…

3 Mar 2026

Melismelis signs the campaign for the 50th anniversary of De Luca & Partners

For the historic labor law firm, the agency developed the 50th-anniversary logo and advertising campaign, managed online and offline media planning, and renewed the website’s visual identity. Milan,…

27 Feb 2026

Dismissals: the Corte costituzionale grants broader discretion to judges and greater scope for reinstatement (I Focus del Sole 24 Ore, 26 febbraio 2026 – Vittorio De Luca e Alessandra Zilla)

The regulation of dismissals continues to represent one of the central pillars of Italian labour law, an area of constant tension between freedom of economic initiative and the…

27 Feb 2026

“Food delivery” once again at the center of inspection activities (Norme & Tributi Plus Diritto de Il Sole 24 Ore, 17 febbraio 2026 – Vittorio De Luca e Alessandro Ferrari)

It was recently reported that one of the leading food delivery operators in Italy has been placed under judicial supervision, ordered by an urgent decree of the Public…

26 Feb 2026

Vittorio De Luca at the Welfare & HR Summit 2026

On February 25, 2026, Vittorio De Luca took part in the sixth edition of the Welfare & HR Summit organized by Il Sole 24 Ore. In particular, our…