In this case of posting, the employer appears to be both posting and hosting subject; it follows that the illegal conduct is attributable to a single employer.
It is still to be verified whether it is legitimate to contesting both administrative sanctions – i.e. the one relating to the posting of workers by the posting company and the one relating to the use of the latter by the hosting firm – to a single subject by applying a single sanction, in accordance with the principle of ne bis in idem.
According to a preliminary analysis, the Labour Inspectorate states that only in the event that the branch is an autonomous legal entity – registered in the commercial register and with a legal representative – it is possible to adopt sanctions against both parties.
On the contrary, if the secondary establishment has no independent legal representation and is managed by a person appointed by the main headquarters, it is considered that only one sanction should be applied, given the fact that it belongs to the same organisation.
