Bruno Giordano, director of the Italian national inspectorate stated: “This bilateral protocol allows a mutual cooperation between the National Labour Inspectorate and the Romanian institution, in order to protect, in both states, workers from any form of abuse and exploitation. This will be useful especially to fight the fake cooperatives and the abuse of international posting, which are a fraud to the welfare state”.
Table of contents
- The goals of the protocol
- The exchange of information between authorities
- The impact on transnational postings
- Regulatory Framework
- How A&P can help you
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1. The goals of the protocol
The agreement was signed by the Minister of Labour and Social Affairs, Andrea Orlando, and the Minister of Labour and Social Solidarity of Romania, Marius-Constantin Budai, and provides for improved cooperation between the two monitoring and control bodies with regard to:
- The prevention and fight of offences related to transnational posting, undeclared work and illegal brokering;
- The protection of workers’ rights carrying out activities in the territory of the other State, ensuring the proper implementation of the respective national and European legislation.
2. The exchange of information between authorities
In order to fight against illegal work, discrimination and exploitation, the Italian National Labour Inspectorate and the Romanian Labour Inspectorate will implement an exchange of information and data concerning the companies operating in their respective territories, with particular attention to the following aspects:
- wages and working conditions;
- irregularities detected during inspections, including any sanctions applied;
- identification of violations of workers’ rights, arising from the respective national legislation and European regulations, including cases of undeclared work, non-authentic posting or illegal brokering of labour from the territory of one State to the territory of the other and the measures taken;
- compliance with existing health and safety requirements in the workplace also for the purpose of preventing Covid-19 infection, within the limits of the competence and powers of the Inspection Staff of each respective State;
- accidents at work of workers of the State of one party occurring in the territory of the other State, within the limits of the competences and powers of the inspection authorities concerned by the Memorandum.
3. The impact on transnational postings
The enforcement of the agreement, for which Italy and Romania will draw up a Joint Action Plan, represents therefore a further strengthening of the control powers of the Italian and Romanian authorities. Non-compliance with transnational posting obligations thus becomes increasingly risky: together with the measures foreseen in the Decree-Law of 21 October 2021, these provisions will tighten the grip on illicit employment, non-genuine posting and exploitation and provide more tools for inspection bodies to verify the salary rate paid to posted workers and the working conditions applied.