Gangmastering is now a predicate offence entailing the administrative liability of entities

With the entry into force of Law no. 199/2016 on 4 November 2016, the predicate offences entailing the administrative liability of entities set forth by Legislative Decree no. 231/2001 (hereinafter the “Decree”) now include illegal intermediation and exploitation of labour (known as the “gangmastering”). More specifically, the measures set forth by section 25 quinquies of the Decree against this offence include (i) the application of a fine ranging from 400 to 1.000 quotas (where one quota is worth a minimum of 258 Euro to a maximum of 1,549 Euro); (ii) in the case of a sentence, a disqualification penalty (i.e. debarment, suspension or revocation of permits, licenses or concessions; prohibition of entering into negotiations and contracts with the public administration; exclusion from benefits, loans, grants or subsidies and revocation of those already granted; prohibition to advertise goods or services) for a period of no less than 1 year. However, if the entity or any local unit thereof is used for the sole purpose of making it possible to commit or facilitate this crime, the penalty applied is the definitive disqualification from carrying out its business activities. This legislative development will make it necessary to update existing organisational models, which should be updated to take the new predicate offence into account.