THE CREDIT LICENCE

The Credit Licence system, introduced by Decree-Law no. 19/2024, converted into Law no. 56/2024, represents a points-based qualification system aimed at companies and self-employed professionals operating on temporary or mobile construction sites. Its purpose is to reduce the incidence of workplace accidents and occupational diseases by strengthening health and safety protection measures for workers. Those who exclusively provide services or intellectual work (such as architects, surveyors, engineers) are excluded, as well as companies holding an SOA certification with a rating of III or higher, regardless of the category of registration. The regulation is further governed by Ministerial Decree No. 132/2024, which defines the application submission procedures, and by interpretative guidelines from the National Labor Inspectorate, including Circular No. 4 of September 23.

The licence is initially issued with a score of 30 credits, which can be increased up to 100 for virtuous behaviors (e.g., implementation of certified safety management systems, certification of organizational models, additional worker training, safety investments, or more than 20 years of registration with the Chamber of Commerce) or reduced to a minimum of 15 in case of accidents or incidents. Severe penalties are imposed on those who operate without a Credit Licence or with a score below 15 credits, including suspensions of up to 12 months for serious violations of safety regulations. Lost credits can be recovered by adopting corrective measures.

To obtain the license, specific requirements must be met and certified through self-declaration, with any false declarations punishable under criminal law pursuant to Article 76 of Presidential Decree No. 445/2000.

The requirements outlined in Article 1 of Ministerial Decree No. 132/2024 include:

a) registration with the Chamber of Commerce;

b) fulfillment of training obligations provided by Legislative Decree No. 81/2008, applicable to employers, managers, supervisors, self-employed workers, and employees;

c) possession of a valid single contribution compliance certificate (DURC);

d) possession of a risk assessment document (DVR), where required by applicable regulations;

e) possession of the tax compliance certificate (DURF), where required by applicable regulations;

f) appointment of the head of the prevention and protection service (RSPP), where required by applicable regulations.

Until October 31, applications could be submitted via certified email (PEC) to the National Labor Inspectorate (INL). From November 1, they must be submitted online through the INL portal, accessible via SPID or CIE by the legal representative or authorized agents (e.g., labor consultants, accountants, lawyers, tax assistance centers). Within five days of submission, the legal representative is required to inform the Workers' Safety Representative (RLS) and the Territorial Workers' Safety Representative (RLST).

The license is issued in digital format. Pending its issuance, activities may continue unless the INL notifies otherwise due to missing requirements. Registration with the Chamber of Commerce is mandatory, including for professionals registered with professional orders. Until December 31, applicants may self-certify the minimum requirements to obtain the license. From January 1, 2025, additional requirements may be declared to earn more than 30 credits. For companies with multiple production units, compliance with requirements is evaluated across the entire company.

The INL recently clarified in FAQ 12 that clients or project managers must verify the Credit License or SOA certification of contractors and subcontractors, as required by Article 90, paragraph 9, letter b-bis of Legislative Decree No. 81/2008. Failure to comply results in an administrative fine for the client, ranging from €711.92 to €2,562.91.

Authors: Avv. Gianfilippo Chiricozzi and Sofia De Paolis