'Credit License' at construction sites: now a Law

In accordance with the provisions of Ministerial Decree N.132 of 18 September 2024, from 1 October 2024, foreign companies and self-employed workers operating in Italy’s temporary or mobile construction sites must comply with new requirements under Italian law which now mandates a 'Credit License' (Patente a crediti), with the aim of improving workplace safety and combating undeclared work.

Operational procedures for the issue of the license

The licence is issued in digital format by accessing the dedicated platform of the National Labour Inspectorate. The legal representative of the company, the self-employed person, or a person with the appropriate proxy (such as labour consultants, accountants, lawyers, or CAFs) may submit the application for the license. The portal is active as of 1 October 2024.

Who is Affected?

All companies, including foreign enterprises and independent contractors, engaged in operations on construction sites are required to hold this license. Notably, companies that merely supply goods or provide intellectual services (e.g., engineers, architects, and designers) are exempt, as are firms holding SOA certifications with a classification equal to or higher than III, under Article 100 of Legislative Decree no. 36/2023.

Companies and self-employed persons established in an EU Member State other than Italy or in a non-EU State are also required to hold a license. However, it may be issued on the basis of a declaration certifying possession, for companies established in an EU Member State, of an equivalent document issued by the competent authority of the country of origin or, for companies established in a non-EU State, recognised according to Italian law. In the absence of an equivalent document or one recognised under Italian law, foreign companies and self-employed workers are also required to apply for a license in the same way as Italian companies and self-employed workers.

Transition Period

In its Circular no. 4/2024, the National Labour Inspectorate specified that, in the first application phase, it is possible to submit a self-certification/substitute declaration concerning the possession of the requirements. The transmission of the self-certification/substitute declaration sent via certified email is effective until October 31, 2024 and binds the operator to submit the application for the issue of the license via the portal by the same date. However, from November 1, 2024, the application for the credit license must be made through the official portal of the National Labor Inspectorate.

Accrediting or Revoking the license

When the authorities issue a license, each company obtains 30 credits. Thereafter, the company may earn up to a maximum of 100 credits over a 40-year period on the basis of their history, activity and investment.

Moreover, the competent inspection authorities may proceed with the revocation and suspension of the licence depending on false declarations being applied.

In the event of the operation of companies/self-employed persons with a licence with credits of less than 15, an administrative penalty may be imposed.

How we can support you

We are here to assist you. At Fieldfisher, our global network offers comprehensive legal support to foreign companies, assisting them in the application of complex Italian regulations.

This includes helping clients understand whether they are subject to the license requirement, preparing the necessary documentation for submission, and ensuring that they meet all deadlines. Additionally, we can provide ongoing advisory services to ensure that your company remains compliant with evolving Italian and EU labor standards, particularly in high-risk sectors like occupational safety.

Please feel free to reach out the Fieldfisher Italy team in case of queries arising on Italian soil.