Italy’s Crackdown on Black Labor: A Novel Era for Construction Site Safety
Italy is intensifying its efforts to combat illegal employment in the construction sector, with recent regulatory changes significantly impacting the “patente a crediti” (credit license) system. A key clarification, outlined in Nota INL 609/2026, reveals that the mechanism designed to limit the maximum points deductible from the license will not apply in cases of black labor. This signals a zero-tolerance approach to employing workers off the books.
The Shift in Penalties: From Gradual to Immediate
Previously, deductions to a company’s “patente a crediti” – a system that rewards safe practices and penalizes violations – were often tied to the finalization of legal proceedings. The new regulations, stemming from Decree Law 159/2025, introduce a significant shift. Deductions now occur immediately following the notification of a single unified inspection report detailing the irregular employment of workers. This means companies no longer have the opportunity to rectify the situation through voluntary compliance and avoid penalties.
This change is designed to accelerate the enforcement process and deter employers from exploiting vulnerable workers. The inspection report itself is now considered a “definitive finding” for the purpose of credit deductions, eliminating the require to wait for a final injunction.
Increased Severity of Penalties: A Five-Point Deduction
The penalties for employing undocumented workers have also been standardized and increased. Effective January 1, 2026, any instance of employing a worker “in nero” (off the books) results in a five-point deduction from the company’s credit license, regardless of the number of days the worker was illegally employed. This is a consolidation of previous penalties that varied based on the duration of irregular employment.
additional points are deducted if the illegally employed worker is identified as an undocumented immigrant, a minor, or a recipient of social welfare benefits. Specifically, an extra point is deducted for these aggravating factors.
Impact on Businesses: Risk of Losing Operational Capacity
The implications for construction companies are substantial. The new rules mean a greater risk of losing the necessary credit points to legally operate on construction sites. The potential for multiple deductions – five points per worker plus additional points for aggravating factors – could quickly deplete a company’s credit balance, potentially halting operations. For example, employing three undocumented workers could result in a deduction of 18 points, bringing a company dangerously close to the minimum threshold required to operate.
What Happens if Violations are Rectified?
Even if a company rectifies the situation by regularizing the employment of the worker following the initial inspection, the point deduction will not be reversed. The focus is now firmly on deterring illegal employment from the outset. However, if the inspection report is later overturned due to procedural errors or successful appeals, the deducted credits will be reinstated.
Looking Ahead: A More Rigorous Enforcement Landscape
The changes to the “patente a crediti” system represent a significant escalation in Italy’s efforts to combat black labor in the construction industry. The immediate application of penalties, coupled with increased severity, signals a commitment to protecting workers’ rights and ensuring fair competition. This trend suggests a broader move towards stricter enforcement of labor laws across various sectors in Italy.
FAQ
Q: What is the “patente a crediti”?
A: It’s a credit license system for companies operating in the construction sector, rewarding safe practices and penalizing violations.
Q: When did these new regulations come into effect?
A: The changes stemming from Decree Law 159/2025 began to be applied on January 1, 2026.
Q: Will regularizing a worker after an inspection reverse the point deduction?
A: No, the point deduction will remain in effect even if the worker’s employment is subsequently regularized.
Q: What happens if the inspection report is overturned?
A: The deducted credits will be reinstated.
Q: What is the maximum point deduction for employing an undocumented worker?
A: Five points, plus an additional point if the worker is undocumented.
Pro Tip: Regularly review your employment practices and ensure full compliance with Italian labor laws to avoid costly penalties and maintain your operational capacity.
Did you know? The new regulations prioritize immediate action against illegal employment, bypassing the previous requirement of waiting for a final legal ruling.
Stay informed about the latest developments in Italian labor law. Read the full Nota INL 609/2026 here to understand the specifics and ensure your business remains compliant.
