The Italian National Labour Inspectorate, with the note n. 622 of 1° August 2019, provided some guidelines for inspection activities in the field of transnational posting of workers.
In this regard, the National Labour Inspectorate, published guidelines for inspection activities in the field of cross-border secondments, that consist in operational instruction for inspection staff relating to the methodology of check of the authenticity and regularity of the cross-border secondments.
The intervention acts as a vademecum for collecting and reworking the operational and interpretative indications on the subject in question.
During the meeting recently placed in Milan, the National Labour Inspectorate specified which services are included in these standards, namely “all economic-productive sectors … (construction, agriculture, tertiary, etc) and which types of contract, as services for labour administration, various forms of joint ventures, …
After clarifying the notion of transactional services, the notion of a transactional worker (“a worker habitually employed in another Member State who, for a limited, predetermined or predeterminable period carries out a job in Italy”), the Labor Inspectorate entered into the matter of the inspection verification (which must take place in order to respect the conditions of work and employment and to ascertain the authenticity of the posting).
Subsequently, the labour Inspectorate, pointed out the need for adequate documentation and its delivery on schedule; documentation to be presented by the contact person of the foreign service provider (natural person or company).
Secondly, it pointed out the need for equal treatment of employees in transnational posting with employees who carry out similar subordinate work in the place where the posting takes place.
The Labor Inspector also strongly urged the supervisory bodies to verify if the posting company actually carries out activities different from those of mere management or administration of personnel and if the worker has actually been posted.
At the end of the meeting it is specified that in the case of transactional administration, neither the opening of an office in Italy by the agency of employment administration is necessary, nor the issue of an authorization for the performance of this activity