La patente tramite crediti nei cantieri temporanei o mobili: uno strumento di qualificazione delle imprese o di verifica di regolarità?

Abstract

The essay critically analyzes the device of the qualification system for companies and self-employed workers (art. 27 of Legislative Decree no. 81/2008) starting from the numerous revisions that it has undergone over time, even in the absence of its complete and definitive implementation (except for the confined environments referred to in Presidential Decree no. 177/2011) now 16 years after the entry into force of the so-called Consolidated Law of health and safety at work. The authors focus, first of all, on the recent innovations introduced by Legislative Decree No. 19/2024 (Art. 29), converted into law with amendments by Law No. 56/2024 (the so-called PNRR 2024 Decree), with the aim of countering the exacerbation of the accident phenomenon in some sectors and to contribute, more generally, to the fight against irregular work in the context of contracted or subcontracted activities. This is followed by a close analysis of the Ministry of Labour’s decree no. 132 of 18 September 2024, containing the Regulation relating to the identification of the procedures for submitting the application for the achievement of a driving licence for companies and self-employed workers operating on temporary or mobile construction sites. The authors point out that the reformulation of art. 27 decisively restricts the objective field of application of the previous provision, restoring a prevention device that does not coincide at all with what was originally intended by the legislator, the institutional system and the social partners themselves, despite the dialectic that has taken place in the direction of the Permanent Consultative Commission over the years. In fact, as the essay argues, rather than a "reward rule" for virtuous companies, it seems to lead to a sanctioning device based on a mere "formal regularity check", moreover difficult to implement. The general criticalities pointed out in the first part of the essay, moreover, seem to be exacerbated by the implementing regulation which, both for the regulatory technique adopted and for the regulatory detail of its individual provisions, makes the prevention effectiveness of the qualification system for companies and self-employed workers increasingly complex, contradictory and unsystematic.