Italian Subcontracting: The News Of The ‘Simplification Decree’

Another change in terms of italian subcontracting.

The ‘Simplification Decree’ (Art. 49 DL 77/2021) modifies, temporarily (for now), the legal discipline of the subcontracting regime.

Starting from the current month of June here is the news.

Until October 31, 2021, the subcontract cannot exceed 50% of the total amount (currently it is 30%).

The full transfer / execution of the contract to third parties is still prohibited, as well as the prevalent execution of labor-intensive processes.

The subcontractor must guarantee the same quality standards and grant workers an economic and regulatory treatment not inferior to the previous one.

From 1 November 2021, all quantitative limits on subcontracting are removed.

The contracting authorities will indicate in the tender documents:

  • the services that must be compulsorily performed by the contractor
  • the necessary works to strengthen control, protection and safety of workers
  • how to prevent the risk of criminal infiltration (unless subcontractors are registered in the white list or in the anti-mafia registry)

The main contractor and the subcontractor are in any case jointly and severally liable towards the contracting authority.