Expert Guide on Human Rights and Forced Labour in Italy

• Legislative Decree No. 231/2001: Establishes corporate liability for crimes, including human trafficking and labour exploitation, holding companies accountable.
• Law No. 199/2016 (Anti-Caporalato Law): Strengthens penalties for illegal labour intermediation and worker exploitation, particularly in agriculture.
• Legislative Decree No. 286/1998 (Consolidated Immigration Act): Protects migrant workers from exploitation and grants residence permits to victims of forced labour.
• Articles 600/601/602/603 bis of the Italian Crimal Code. In particular,  art. 603 bis was introduced in 2016 as part of the so called anti-caporalato law and punishes the illegal recruitment and exploitation of workers, particularly in agriculture and construction.

The agricultural sector, the construction sector and the domestic work sector (domestic work and caregiving) are all subject to special provisions as they have an history of human rights abuses, including forced labor for migrant workers. For example Law 199/2016 was specifically designed to combat labor exploitation in agriculture, especially in the Southern regions of Italy. The law provides mechanisms for reporting exploitation and outlines stricter penalties for employers who take advantage of workers in this industry. Similar reporting is provided for in the construction sector. 

Yes. Companies have to assess and address human rights risks, including modern slavery and forced labor, within their operations and supply chains.

Companies in the agricultural and construction sectors must have documentation that certifies their compliance with regulations, and this documentation must be submitted to the relevant authorities.

Yes, economic sanctions and exclusion from participation in public tenders are foreseen in the event of failure to submit the documentation.

If forced labor is used within the company, the penalty includes imprisonment from 1 to 6 years and a fine from EUR 500 to  EUR 1,000 for each worker recruited. In case of aggravating circumstances, the sentence increases to 8 years. Additionally, exclusion from public tenders and a ban on receiving state or EU subsidies are also foreseen

Executives and directors would be considered responsible and face the sanctions under criminal law. 

No.