Legal support in collecting evidence of undeclared work and protecting your rights.
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Debora Teruggia
Undeclared employment—also referred to as informal or irregular work—is a widespread issue in many sectors. For a worker, being in such a situation means being deprived of fundamental rights such as insurance, pension benefits, and protection against unjust dismissal. However, many workers hesitate to report their situation due to a lack of evidence or fear of retaliation. This article aims to provide a practical guide on how to collect evidence effectively, also examining the role a lawyer can play in such cases.
In Italy, undeclared work is prohibited under Italian Legislative Decree No. 81/2008, which governs occupational health and safety, as well as under Article 36 of the Italian Constitution, which guarantees every citizen the right to fair and proportionate remuneration.
Sanctions for employers who engage irregular workers are governed by Italian Legislative Decree No. 151/2015 and include substantial fines and, in certain cases, criminal liability.
For a detailed analysis of penalties, reporting procedures, and regularization options, see our previous article: “Penalties for undeclared employment (and how to report it)”.
For workers who wish to regularize their employment and social security position, it is essential to prove that a working relationship—albeit informal—actually existed. This can be done by collecting concrete evidence.
The evidence collected must be tangible, detailed, and verifiable. Common types of admissible evidence include:
Emails, WhatsApp messages, or SMS communications in which the employer provides work-related instructions or information.
Statements from coworkers or third parties who can confirm the worker’s presence in the workplace or describe the tasks performed. These testimonies must be consistent and credible to be used in legal proceedings.
Photos of work materials, attendance logs, company documents, or calendars detailing working days, schedules, and tasks performed.
Audio or video recordings, where permitted, documenting conversations with the employer regarding the employment relationship. Note: such recordings must comply with privacy laws.
Receipts of any cash payments made by the employer.
Photos of equipment, uniforms, or tools provided by the employer and used during work.
Data from company badges or entry logs demonstrating physical presence at the worksite.
If you’re concerned that gathering evidence may be too difficult, remember: every small detail can make a difference. Even informal notes, receipts, or seemingly trivial messages may become critical when part of a broader evidentiary framework. Don’t get discouraged—stay methodical. Consulting a legal professional can help organize and enhance the evidentiary material.
First and foremost, it is essential to respect privacy laws: accessing or taking confidential documents without authorization may result in serious civil and criminal liability.
Where possible, try to maintain a cordial relationship with the employer until sufficient evidence has been collected. This attitude may reduce suspicion and facilitate the acquisition of further evidence. Also, avoid signing ambiguous or backdated documents that may undermine your legal position.
Before leaving the job abruptly, carefully assess the timing to ensure that you have gathered enough supporting documentation.
Involving reliable witnesses is another key step. Their statements must be credible and coherent, as they may constitute a critical part of the case.
Reporting an undeclared employment situation is rarely easy, and many workers—unfortunately—choose not to come forward. The most common concerns include the fear of losing one’s job or facing retaliatory or intimidating conduct by the employer.
To minimize these risks, it is essential to gather strong evidence before taking action and to rely on an experienced lawyer to ensure procedural compliance and maximum legal protection.
A lawyer specializing in labor law plays a fundamental role for workers in undeclared employment situations. The attorney first reviews the evidence collected to assess its admissibility and consistency, and then provides guidance on how to supplement it.
At a later stage, the lawyer will recommend a suitable legal strategy, which may include sending a formal letter of notice and invitation to assisted negotiation under Italian Law No. 162/2014, filing a complaint with the Labor Inspectorate, or initiating proceedings before the Labor Court to regularize the worker’s contractual and social security status.
Undeclared work deprives workers of fundamental rights and harms the overall economy. Gathering evidence is a crucial step for those who wish to assert their rights and regularize their position. Canella Camaiora Law Firm provides professional assistance at every stage of the process—from evidence assessment to managing the report and legal negotiations. If you are a victim of irregular employment, do not hesitate to seek legal advice: every step toward protecting your rights is a step toward a safer, more dignified future.
Debora Teruggia
