Irregular Employment and Unlawful Labour Supply

Irregular Employment and Unlawful Labour Supply

Criminal profiles, regulatory framework and defence criteria

The offences relating to irregular employment and unlawful labour supply represent a particularly relevant area in economic criminal law, as they directly affect the regularity of the labour market, worker protection and fair competition between enterprises.

Regulatory Framework

The subject finds its main reference in Legislative Decree 276/2003, as well as in regulations concerning labour intermediation and supply, contracting and secondment of workers, and contribution and insurance obligations.

Irregular Employment

Irregular employment arises when the employer hires workers without prior notification of the employment relationship, omits contribution and insurance obligations, and removes the employment relationship from any form of traceability.

Unlawful Labour Supply

Labour supply is lawful only if carried out by authorised entities. Unlawful supply occurs when labour is provided outside legal channels, the employment relationship is only formally attributed to a subject other than the actual user, or a fictitious interposition of labour takes place.

Defence Method and Technical Approach

• Legal qualification of the employment relationship
• Analysis of the business organisation
• Documentary and contractual reconstruction
• Assessment of the subjective element
• Coordination with contribution and tax profiles
• Management of inspection audits

Areas of Application

• Irregular employment and undeclared work
• Unlawful labour supply
• Fictitious interposition of workers
• Disputes arising from inspection audits
• Profiles connected to social security and tax offences