Get support from A&P

Italian National Labour Inspectorate: Non-authentic transnational posting

The National Labour Inspectorate Office has found a case of non-authentic transnational posting, as defined by the Legislative Decree no. 136/2016, which occurs in the case of a company established in another EU state in favour of its own production unit located in Italy.

Table of Contents

Based in Italy and active in all EU

Posted Workers Alliance

Quality
ISO 9001 Certified

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.

Get a Free Quote

Regulatory Framework

Decreto Legislativo n. 136/2016

Reference (Italian only)

Learn more about Posting of Workers to Europe

Have a look at our in-depth guides about Posting of Workers to EU Countries. If you don’t know where to start, you can have a first look at our introduction on Posting of Workers to Europe.

Book a video-call

Get professional support with an online consultation from A&P.

If you entrust A&P with your case, the cost of the consultation is subtracted from the service quotation.

Don't miss out on the latest updates

Get free updates from our Experts on Immigration, Posting Workers, International Taxation and more.