The separation of labor costs: direct or indirect reduction?

Abstract

The issue of separating labor costs and the possibility of applying direct or indirect discounts has sparked extensive debate. The amendments to the relevant legislation introduced by Legislative Decree no. 36/2023 appear, at first glance, to be aimed at establishing a new balance between worker protection and promoting competition among economic operators, compared to the framework established by Legislative Decree no. 50/2016. However, the ambiguity of the text has given rise to various interpretations. The uncertainties in its application have not been addressed even by the recent Legislative Decree no. 209/2024. The purpose of this article is to highlight the emerging trends and draw attention to the role of contracting authorities, given the lack of interest shown by the legislator on this issue.