How to Hire Contractors in Italy: Step-by-Step Guide

# How to Hire Contractors in Italy: Step-by-Step Guide Entering the Italian market would provide the access point to some of the most talented professionals in the world. Italy has a workforce that is both traditional and innovative, based in the manufacturing and technological centres of Milan to the artistic design studios of Rome, to the engineering and technological genius of Turin. The Italian administrative scene is, however, notoriously complicated. In many cases, the way of enlisting these professionals is impeded by a bureaucratic maze to small business owners and HR heads of large organizations. To manoeuvre in this climate, the job description is not enough, one needs to have a profound knowledge of what is meant by dependent employment and independent contracting. By 2025, Italy has digitalized its labour and tax system even more which has made compliance even more transparent but stricter. This manual is a detailed explanation on how you could employ, compensate and keep Italian contractors within the law and how to make the most out of your operation expenses. ## Overview of Independent Contractors in Italy The phrase " independent contractor" in the Italian law system belongs to the general term of Lavoratore Autonomo (self-employed worker). The lack of subordination is the major feature of this status: the worker is not subordinated to the hierarchical authority of the employer, disciplinary regulation, or even a certain schedule. ### What Are Independent Contractors in Italy? In Italian Civil Code 2222, an independent contractor is one who promises to deliver a service or a work to a charge, principally by their own effort, and without being subordinate to the client. This definition is the key building block of the B2B relationship. A contractor is not an employee, he is a separate business entity, who takes his own entrepreneurial risk and sets up his own production means. ### Types of Independent Contractors in Italy Italian law differentiates between various sub-types of contractors and each has a varying tax and registration requirement: * Libero Professionista (Liberal Professional): These are those who do intellectual work, e.g., software developers, business consultants, designers, or architects. They normally obtain a VAT number which is referred to as a Partita IVA. * Ditta Individuale (Sole Trader): It is more widespread among people involved in commercials or manual trades. It needs enrolment at the Italian Chamber of Commerce (Camera di Commercio). * Collaborazione Coordinata e Continuativa (Co.Co.Co): This is a type of hybrid work, commonly known as parasubordinate work. These workers are technically contractors, but their role in the workflow of the company is closer. Due to a high risk of this being reclassified as employment, most international companies do not use this model to prefer the normal B2B contracts. * Prestazione Occasionale (Occasional Work): One uses this when dealing with minor, one-time projects. It is restricted to incomes of a maximum of 5,000 euros of all clients through one calendar year. The worker is legally bound to open Partita IVA in case they reach this limit. ## Benefits of Hiring Contractors in Italy Choosing to hire independent contractors in Italy rather than full-time employees is a strategic move that offers significant advantages in cost, speed, and administrative simplicity. ### Cost Savings An Italian worker costs a lot of money in finances and this is one of the highest costs in Europe. In addition to the gross pay, an employer should take into consideration social security (INPS), the severance indemnity fund (TFR), and compulsory bonuses. To calculate the cost of an employee: Total Cost = Gross Salary * (1 + 0.30 [Social Security] + 0.074 [Severance Accrual]) You also have to pay a 13th and even a 14th month salary in many sectors. These are the unnecessary costs of secondary wages, which you can escape by employing contractors in Italy. You make the agreed fee when an invoice is received and the contractor takes care of his or her insurance and retirement payments. ### Flexibility The Laws of Italy, namely the Statuto dei Lavoratori, (Workers Statute) extend strong protection to the employees so that it becomes hard and expensive to end an employment contract without just cause or a long redundancy procedure. Contractors provide the flexibility to increase a group to launch a certain software or conduct a particular marketing initiative and reduce the workforce when the project is closed, without the long-term epitome of a permanent employee. ### Reduced Administrative Burdens Establishing an Italian payroll would need a local tax representative or a subsidiary, a special accountant (consulente del lavoro) and the keeping of sophisticated records such as the Libro Unico del Lavoro. By outsourcing, these hurdles are eliminated. The contractor will ensure his own tax submissions, accounting and health and safety submission at their own workspace. ### Tax Benefits for Businesses To the hiring organization, contractor fees are normally deductible as business expenses at 100%. When your company lacks a permanent establishment in Italy, you are not normally responsible to pay tax to the Italian regional authorities (IRAP) and this makes your international reporting of tax easier. ## Hiring Contractors in Italy: Step-by-Step A successful engagement begins with a compliant onboarding process. This is how to make the way through recruiting an Italian professional. ### Steps to Hire an Independent Contractor * Verify the Partita IVA: This is the VAT number of the contractor that must be always requested. Its validity can be confirmed using VIES by the European Commission. Otherwise, they need to be at the 5,000 euro threshold of occasional work. * Conduct a "Subordination Check": In the course of the interview, it should be made clear to the candidate that he will work independently. You are already getting into the field of employment when you tell them that they should be online between 9:00 AM and 6:00 PM. * Draft the Service Agreement: The agreement should be a Contratto di Prestazione d'Opera. It must refer to the "Project" or the "Result" instead of the "Activity" one. * Set Up Electronic Invoicing: This is to make sure your finance department is prepared to accept Italian electronic invoices (described in the section of payment). ### Hiring Contractors Directly vs. Hiring via a Contractor of Record Direct hiring would provide you with complete control but you must cope up with the complexities of the Italian tax Law. * Hiring via Mellow: Platforms like Mellow act as a specialized Contractor of Record (CoR). Mellow offers the compliance infrastructure that is required to tap Italian talent. They take care of the drafting of localized contracts to protect your Intellectual Property (IP), payment of the mandatory electronic invoices required in Italy, as well as enabling you to pay your contractors with one click and prevent the ability of the relationship to be easily reclassified as employment. This is a shield that is essential to non-local Italian based companies. ## Legal Considerations The Italian working market is protectionist. The legal guardrails are necessary to understand the cost of non compliance which is hidden. ### Differences Between Employees and Independent Contractors The fundamental difference is independence. The independent contractor works on his/her tooling, organizes his/her time and is compensated only on a result. An employee is controlled by one manager, he or she is supplied with company equipment, and is compensated. ### Italian Labor Laws and Independent Contractors Unless it is explicitly mentioned that the contractors are governed by the Labor Code, the Jobs Act of Self-Employed (Law 81/2017) established certain rights of freelancers. These include: * Late payment insurance (usual period is 30-60 days). * The rights of the ownership of IP (not transferred in the contract). * Provisions of parental leave (subsidized by their own INPS contributions). ### Misclassification of Independent Contractors The biggest target of the Italian tax authorities is misclassification or False Partita IVA. In case relationship is reclassified: * Social Security Fines: You can be subjected to 100 percent of the unpaid INPS contributions plus interest. * Tax Penalties: This can vary between 90 and 120 per cent of the amount of unpaid withholding tax. * Back-pay: The employee is entitled to bonuses (13th month) and vacation pay, and the TFR (severance fund) during the project period. ## How to Pay Independent Contractors in Italy Italy has a strong regulatory payment system which is called Sistema di Interscambio (SdI). ### The Electronic Invoicing Mandate Since 2024, nearly all Italian contractors, including those on small-business tax regimes, must issue a Fattura Elettronica (electronic invoice) in a specific XML format. These invoices are submitted to the SdI platform of the government where they are subsequently delivered to you. * Codice Destinatario: You (or your service such as Mellow) will be required to give the contractor a 7-digit recipient code or a PEC email address to get these files. * Currency: The invoices can be written in any other currency, but they are required to state the Euro rate of exchange as at the invoice date. ### Taxes and Withholding * IVA (VAT): The standard rate is 22%. Nonetheless, several Italian freelancers adopt the regime of Forfettario (Flat-rate regime) and do not have to charge VAT. * Ritenuta d'Acconto (Withholding Tax): In the case of an Italian entity, you are normally obliged to withhold 20% of the price of the invoice and hand it over to the state. This is usually not applicable, but in any case, the contractor should be notified of this, otherwise they will not be able to claim this in his tax return. ## Challenges of Hiring Contractors in Italy ### Risk of Misclassification of Workers The most prevalent problem is worker integration. When an Italian contractor is invited to every in-house team meeting, an appointed company manager, and he is also mentioned in the organizational structure, an inspector will consider him an employee. Tip: Maintain clear B2B communication. Use "Project Specifications" rather than "Directives." ### Tax Regime for Self-Employed Individuals The Regime Forfettario is used by many Italian contractors. This will enable them to pay a flat tax of 15 in 2025 (or 5 during the first five years) on their income up to a limit of 85,000 euros. * Benefit: These professionals usually receive larger net terms of take-home pay despite competitive B2B rates because they have a low tax burden. * Limit: In case they gain income of over 35,000 euros of the additional employment job, the benefit is lost. ### Importance of Cultural Knowledge Italian business culture uses personal relationships. This is however not the case in a B2B context where professional boundaries should be ensured. Note August, a month when most of Italy closes down on the Ferragosto holiday. This would be a period of nothingness and projects should be planned not to cause frustration. ## Terminating Independent Contractors In Italy, the process of terminating a contractor is a lot easier than dismissing an employee as long as your contract is also properly written. * Notice Period: Contractors have no legal statutory period of notice. The general market rule is however, 15-30 days. * No Severance: As opposed to employees who get TFR, the contractor has no right to be paid by the end of the contract unless the work done was not paid fully. * Abuse of Economic Dependence: The Italian law will require that, were you the sole client of a contractor, you should not terminate the contract abruptly without any reasonable notice, because such a termination would give rise to a claim of damages. ## Conclusion Hiring contractors in Italy is an efficient way to tap into a world-class talent pool without the legal and financial weight of the Italian Labor Code. Within the product-centered method of the Italian business, i.e. not the Subordination but the Result, and the invoicing system in the SdI electronic standards, you will create a highly productive team in Italy. It is dangerous to manage the Italian tax and labor system by yourself. Utilizing a platform like Mellow allows you to offload the administrative complexity, from compliant contract drafting to handling the Fattura Elettronica, ensuring your business scales safely in the beautiful but complex landscape of Italy.