Naspi

What risks those who work illegally

We must not make the mistake of thinking that in the case of illegal work it is only the employer who is at risk: there are circumstances, in fact, in which even the "employee" is subject to more or less severe sanctions depending on the case.
In particular, the legislation punishes all those workers hired without a regular contract who exploit this situation in their favor to benefit from the support that the State recognizes to those who find themselves in a state of economic need.
Those who work illegally risk nothing – except for the fact that they obviously do not enjoy the protections that would be granted to them in the presence of an employment contract – until they take advantage of this situation to benefit themselves to the detriment of the State.
In this regard, the sanctions for those who work illegally have recently been modified with the entry into force of the Citizenship Income first and of the Inclusion Allowance, which will replace it from 2024, then: as these are two measures aimed at supporting the family income, in fact, those who work illegally could have access to it even though they are not actually entitled to it.
In light of these new developments, let's see when the worker hired illegally also risks a sanction (and what the consequences are).
What are the risks of those who work illegally What are the risks of those who work illegally and receive Citizenship Income What are the risks of those who work illegally and receive the Work Training Support and the Inclusion Allowance What are the risks of those who work illegally and pretend to be unemployed What are the risks of those who work in black and receives the Citizenship Income In article 7 of decree no.
4 of 2019 (converted into law no.
26 of 2019) which regulates the functioning of the Citizenship Income, we read that "whoever, in order to obtain the benefit unduly, makes or uses false declarations or documents or attesting to untrue things, or omits information due is punished with imprisonment from 2 to 6 years".
Therefore, lying about one's work without a contract by improperly benefiting from the economic benefit provided for with the RdC can cost very dearly: one risks up to 6 years in prison and – following the final conviction – the owner will have to repay the amount unduly received.
The sanction for those who start working illegally after having been recognized as having the right to citizenship income is slightly less severe: in fact, the decree also states that any change in income not communicated is punished with imprisonment from 1 to 3 years .
This only applies when correct communication would have resulted in the reduction or loss of citizenship income.
What risks those who work illegally and take the Work Training Support and the Inclusion Allowance With the farewell to the Citizenship Income, and the transition to the Work Training Support (already operational since September) and the Inclusion Allowance (from January 2024 ), sanctions remain in force for those who work illegally and omit information that would otherwise have precluded access to the new measures.
In the text of decree no.
48 of 4 May 2023, precisely in article 8, the same sanctions that were provided for the Rdc are in fact maintained: therefore, imprisonment from 2 to 6 years for those who access support by "hiding" the income actually received, from 1 to 3 years for those who do not subsequently communicate relevant information that could lead to the loss or reduction of the benefit.
What is the risk of those who work illegally and pretend to be unemployed But it is not just the legislation on Citizenship Income first and then Inclusion Allowance that regulates the sanctions for those who work illegally and pretend to be unemployed, thus benefiting from the support that the State provides in favor of people who find themselves in a difficult economic situation.
In detail, the current legislation establishes that the irregular worker who presents the declaration for the recognition of the status of unemployed to the INPS or the employment center – despite not receiving any compensation – is punished with imprisonment of up to 2 years because he commits the crime of ideological falsehood committed by a private individual in a public act, governed by article 483 of the Penal Code.
Then be careful of those who work illegally and present the DSU for ISEE purposes which for obvious reasons will be lower thus giving access to a series of benefits and concessions: also in this case you can be punished for the crime of ideological falsehood.
read also ISEE checks 2023, what risks those who declare falsely? The sanction is more severe for the irregular worker who takes advantage of his unemployed status by receiving the Naspi allowance or any other social safety net: this, in fact, risks being subject to a dispute for undue receipt of payments to the detriment of the State, sanctioned by the article 316 of the Penal Code with imprisonment from 6 months to 4 years.
However, it is established that if the sum unduly received is less than 4,000 euros, only one administrative sanction will be applied, for an amount varying from 5,164 to 25,822 euros.
In any case, the amount of the fine cannot exceed three times the value of the sum received.

Author: A.W.M.

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