Patente a Crediti for workers in Italy

The new “Patente a Crediti” System in Italy

Starting in October 2024, Italy’s patente a crediti system is now a critical compliance measure for companies posting workers in Italy, especially within the construction sector.

This “points-based license” system, introduced under Decreto Ministeriale 132/2024, mandates that both local and foreign companies obtain a digital patente to operate on temporary or mobile work sites legally.

For companies posting workers in Italy, this new regulation emphasizes rigorous compliance with health, safety, and social security laws.

The patente a crediti serves as a dynamic compliance tracker, where points are gained or lost based on adherence to regulatory requirements.

Non-compliance risks include suspension of the patente a crediti, financial penalties, and potential bans on project continuation, which directly impact companies’ ability to deploy teams in Italy.

This shift not only increases accountability but also reinforces Italy’s commitment to worker safety and legal transparency, making it crucial for foreign companies to understand and integrate these requirements before posting workers in Italy.

Requirements for the Patente a Crediti for workers in Italy

1. Registration with Italian Authorities: Companies must be registered with the Chamber of Commerce, industry, craft, or agriculture sectors.
2. Worker Training and Safety Compliance: Employers must certify that all workers have completed mandatory health and safety training per Italian standards outlined in Legislative Decree No. 81/2008.
3. Contributory Compliance: A valid Durc (Documento Unico di Regolarità Contributiva), proving up-to-date social security contributions, is essential.
4. Risk Assessment Documentation: Companies must provide a comprehensive risk assessment document, as per Italian regulations.
5. Fiscal Compliance: A certification of fiscal compliance must be available in accordance with Legislative Decree No. 241/1997.
6. Appointment of Safety Representatives: Companies must appoint a responsible person for workplace safety and protection services, per Italian law.

Requirements for EU Companies to obtain the “Patente a Crediti” in Italy

Under Decreto Ministeriale 132/2024, requirements for EU and non-EU companies differ slightly when obtaining the patente a punti to operate in Italian temporary or mobile work sites. Here’s an outline of the requirements based on company origin:

1. Equivalent Documentation from Home Country: EU companies can submit equivalent documentation issued by their home country’s competent authorities to demonstrate compliance with health, safety, and social security regulations. This documentation should mirror Italian requirements, such as risk assessments and worker training certifications.
2. Self-Certification: EU companies may use self-certification for specific documents, like registration status, social security contributions, and tax compliance, aligning with Italian standards.
3. Digital Patente Issuance: Once documents are verified, the digital patente is issued. However, EU companies must ensure ongoing compliance with Italian rules, as points are adjusted based on their adherence to regulations.
4. Permanent Representative: It’s recommended that EU companies appoint a representative in Italy to handle compliance and reporting obligations more effectively.

Requirements for Non-EU Companies

A) Document Translations and Certifications: Non-EU companies must provide certified translations of key documents to support verification, ensuring they meet Italian requirements, particularly in areas such as health and safety standards and contributory compliance.

B) Italian Compliance Verification: Non-EU companies must have their compliance documents verified and, if necessary, translated or officially recognized by Italian authorities, ensuring that they meet local standards for health, safety, and social security.

C) Submission of Equivalent Documents: Similar to EU companies, non-EU companies may submit equivalent documentation from their home country. However, this documentation must be formally recognized in Italy, and additional validations may be required to meet Italian legal standards.

D) Permanent Representative: Non-EU companies highly recommend having a permanent representative in Italy to ensure smooth communication with the Italian Labor Inspectorate and to manage compliance efficiently.

E) Points-Based Monitoring and Compliance Checks: Non-EU companies, like EU entities, are subject to the points-based system. They must maintain up-to-date documentation and comply with health, safety, and fiscal obligations or risk penalties, including the potential suspension of their patente.

Procedure to Obtain the Patente a Crediti for workers in Italy

1. Online Application Submission: Applications for the patente are submitted via the Italian National Labour Inspectorate’s online portal. Foreign companies can complete this process through a representative or agent.
2. Self-Certification and Declarations: The company can self-certify certain compliance aspects, like registration and contributory status. Other areas, like training and safety requirements, require declarations that substitute legal notices.
3. Approval and Digital Patente Issuance: After successful application, a digital patente is issued on the portal. This license records the initial compliance status and point total, starting at 30 points.
4. Points-Based Monitoring System: The patente is actively monitored, with points added or deducted based on ongoing compliance. Points can increase for positive actions, like additional safety training or certifications, while points are lost for infractions or safety violations.
5. Annual Renewals and Updates: To maintain validity, companies must keep their compliance status updated. Any changes, such as in contributory or fiscal compliance, must be reported promptly.

Foreign companies are encouraged to appoint a representative in Italy to manage these requirements effectively.

Failure to maintain compliance may lead to penalties, license suspension, and operational restrictions, directly affecting the ability to post workers in Italy and complete projects.

Timeline for the “Patente a Crediti” system

The new patente a crediti requirements in Italy follow a specific timeline to ensure compliance. Here’s an outline of the critical timing aspects:

1. Application Timing: Companies must submit the patente application via the National Labor Inspectorate portal prior to commencing work on-site. This ensures that the digital patente is active and points are established before operations begin.
2. Processing Period: The National Labour Inspectorate typically processes applications within a few weeks. To avoid delays, companies should submit their applications at least 30 days before the start date of operations to allow sufficient time for review and any additional information that may be requested.
3. Points Review and Updates: Points are reviewed and updated in real-time as compliance actions are registered. Companies should plan for annual compliance checks and regular updates if they add new training programs, certifications, or safety investments that may increase their score.
4. Compliance Renewal and Reporting: The patente requires annual verification to maintain its active status. Companies must ensure that documents, such as the Durc and risk assessments, remain up-to-date. Any updates should be submitted within five days of a compliance change to avoid penalties.
5. Non-Compliance Penalty Window: If a non-compliance issue is identified, companies are typically given a specified grace period (often 30 days) to address minor infractions. More severe violations related to safety may result in an immediate suspension until the issue is resolved.

Sticking to these timelines is crucial to maintaining a valid patente, preventing project delays, and avoiding penalties, which could impact a company’s ability to post workers and complete projects in Italy.