Ad un anno dall’entrata in vigore del d.l. n. 19/2024: luci e ombre della patente a crediti per la sicurezza sul lavoro

Abstract

The essay examines the recent innovations introduced by legislative decree n. 19/2024 (converted with amendments by law n. 56/2024), which redefined the qualification system for companies and self-employed workers through the institution of the “credit license” now set out in Article 27 of legislative decree no. 81/2008. Although the legislator's original intent was to stem the resurgence of the accident phenomenon and combat irregular work, the changes introduced, however, seem to depart from the original incentive scope of the system outlined by legislative decree n. 81/2008, marking a shift towards a predominantly sanctioning logic. After reconstructing the evolution of the institute and its framework in the broader system of occupational health and safety protection, the analysis also assesses the overall stability of the new structure in the light of Ministerial decree n. 132 of 18 September 2024, focusing on the most controversial application aspects and on interferences with pre-existing instruments that could compromise its preventive purposes. Particular attention will also be paid to the formal orientation taken by the legislator, which appears to favour a merely documentary control of regularity over the effective promotion of a reward system for virtuous companies.

https://doi.org/10.14276/2531-4289.5054
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