According to the circular n. 3 of 2019 of the National Labour Inspectorate
The crime of fraudulent administration, provided for by the legislative decree 276/2003 and repealed by the legislative decree n. 81 of 2015, was reintroduced by the law converting the so-called Dignity Decree (Decree Law 87/2018). This offense is recognizable when the work is administered in order to circumvent mandatory rules established by law or by collective bargaining.
The National Labour Inspectorate, with circular letter n. 3 of 11 February 2019, has, among other things, identified the details of fraudulent administration in the cases reported below: a) dismissal of a worker followed by use of the worker as formally dependent on a job agency; b) use by the employer and in periods of pause (mandatory by law) between a one temporary contract and another, of the same employees hired on a temporary basis, qualifying them fictitiously as temporary workers instead of term; c) fictitious contracts aimed primarily at paying employees less.
In cases of fraudulent administration, fines equal to 20 euros for each worker and every day of administration of the work are envisaged, to be paid by the administrator and user. Labour inspectors can also order the direct hiring of the employees involved for the entire duration of their contract. (LC)
