By Annex A to the Ministerial Decree of 22 June 2026, the Ministry of Labour and Social Policies published the new list of violations concerning the protection of working conditions and health and safety at work which, where established by final judicial measures, preclude employers from accessing the regulatory and contribution benefits provided for by labour and social security legislation (art. 1, para. 1175, of Law No. 296/2006, as amended by art. 29, para. 1, of Decree-Law No. 19/2024, converted, with amendments, into Law No. 56/2024).
The updated list of the aforementioned violations, together with the relevant period during which the employer is precluded from using the regulatory and contribution benefits, is set out in the following table:
|
Violation |
Source | Period of preclusion from benefits |
| Wilful removal or omission of safeguards against accidents at work | art. 437 of the Criminal Code |
24 months |
|
Manslaughter due to breach of provisions on the prevention of accidents at work |
art. 589, para. 2, of the Criminal Code | 24 months |
| Unlawful labour intermediation and labour exploitation | art. 603-bis of the Criminal Code |
24 months |
|
Negligent personal injury due to breach of provisions on the prevention of accidents at work |
art. 590, para. 3, of the Criminal Code | 18 months |
|
Breach of certain obligations concerning health and safety at work |
arts. 55, paras. 1, 2 and 5, letters a), b), c), d); 68, para. 1, letters a), b); 87, paras. 1, 2 and 3; 159, para. 1 and para. 2, letters a), b); 165; 170; 178; 219; 262, para. 1 and para. 2, letters a), b); 282, para. 1 and para. 2, letter a), of Legislative Decree No. 81/2008 | 12 months |
| Offences relating to underground work | art. 105, para. 1, letters a) and b), of Presidential Decree No. 320/1956 |
12 months |
|
Employment of foreign workers without a residence permit or with an expired residence permit |
art. 22, para. 12, of Legislative Decree No. 286/1998 |
8 months |
|
Breach of the provisions on undeclared work |
art. 3, paras. 3 to 5, of Decree-Law No. 12/2002, converted, with amendments, into Law No. 73/2002 |
6 months |
|
Failure to hold the credit-based licence for undertakings operating on temporary or mobile construction sites |
art. 27, para. 11, of Legislative Decree No. 81/2008 |
6 months |
| Breach of the provisions on daily rest and weekly rest, only where relating to at least 20% of the workers employed | arts. 7 and 9 of Legislative Decree No. 66/2003 |
3 months |
| Any other criminal breach relating to labour and social security legislation, including breaches concerning the protection of working conditions and health and safety at work |
3 months |
We remain available for any further clarification.