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“Black” work (lavoro in nero) means work that has not been registered, and so has not been declared to the relevant public offices. A worker in this situation has no insurance cover and no social security contributions, does not build up severance pay (TFR), and generally lacks the most basic protections and rights the law gives employees.
Partly declared, or “grey”, work happens when the worker is formally hired, but on a contract with a lower job classification and/or fewer hours than the ones actually worked.
In both cases, the worker can have the work actually done formally recognised by turning to the National Labour Inspectorate (Ispettorato Nazionale del Lavoro), a trade union, or the courts, namely the employment section of the Tribunal.
With “black” work, it is up to the worker to prove the work, the subordinate relationship (being subject to the employer's direction, organisation and authority) and the pay received from the employer.
Case law agrees that working set hours, continuity of work, stable integration into the business and pay linked to the length and type of work are all signs, albeit secondary ones, of an employment relationship.
If the “black” work is proven, the worker is entitled to have the relationship declared as employment on a permanent contract from the day the work started, with all the legal consequences.
With “grey” work, it is up to the worker to prove that the duties performed entitle them to a higher job classification and/or that the hours worked exceed those in the individual contract.
In both cases, the worker is entitled to the contributions, severance pay (TFR) or the differences owed, public holiday pay, the 13th and 14th month payments, and back pay based on the correct job classification.
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