The Italian National Labor Inspectorate published the ‘guidelines for transnational posting inspections’.
The ‘guidelines for transnational posting inspections’ is a document published by the Italian National Labor Inspectorate that defines the measures that inspectors are required to take, in order to prevent and combat non-authentic posting of workers to Italy.
Posting of workers: scope of application of the new guidelines
The guidelines for inspections enhance the provisions already taken on the subject by Legislative Decree 136/2016, aimed at compliance with European Directives 96/71/EC, 2017/67/EU and the most recent 2018/957/EU (in force since July 2020). They are precise and detailed instructions for Italian inspectors, with the aim of counteracting elusive practices.
The document defines the scope of application of the guidelines and clarifies that the obligations apply to all postings involving a provision of services in Italy by companies established in other Member States. Therefore, the obligations concern not only the posting (distacco) as regulated by the Italian Legge Biagi (Legislative Decree 276/2003).
Its application is much wider, including also cases of procurement, subcontracting and temporary agencies. Only workers who do not provide any kind of service in Italy (i.e. who participate in conferences, meetings, events) remain exempt from the obligations.
Administrative and documentary regularity of posting practices
The inspection activity in the field of transnational posting of workers focuses particularly on the administrative and documentary regularity of the posting, therefore on the verification of documents (prior communication, employment contract, A1 Certificate, pay slips and any other mandatory communication).
Moreover, inspectors are required to ascertain the authenticity of the posting, i.e. that the foreign posting company actually carries out activities other than those of mere management or administration of personnel and that the posted workers in Italy are resident and work mostly in their home country.
Posting of workers: risks of non-compliance
In the event of non-compliance with these conditions, administrative sanctions will be provided for and the employment relationship will be charged to the service user. If the violation of Italian national laws and collective agreements takes place too, the offence of fraudulent administration could be committed.