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News - Europa

INL: transnational posting - simplification of administrative burdens on service providers

Note No. 2401 of 20 December 2023 of the National Labour Inspectorate (INL) provides guidance on the administrative obligations to be borne by service providers, as referred to in Article 10(3)(a) and (b) of Legislative Decree No. 136/2016.

 

During the period of posting and up to two years after its termination, the posting company is required to:

 

  1. keep a copy (paper and electronic), in Italian, of the following documents:
    • the employment contract,
    • the pay slips,
    • the schedules indicating the beginning, end and duration of daily working hours,
    • the documentation proving payment of wages,
    • the public notice of establishment of the employment relationship (or equivalent documentation),
    • the attestation certifying the request for document A1 to the social security authority of the Member State of origin made by the posting company can be identified among the documents equivalent to the public notice of establishment of the employment relationship. (INL - Circular Notice 1/2023)
    • form A1.
  2. Appointing a representative with an elected domicile in Italy, responsible for sending and receiving deeds and documents.

 

Let's provide a few further explanations.

For the sake of simplification, it is considered sufficient that the documentation is made available to the supervisory bodies that request it, without having to keep it on site for the entire posting period. Obviously, it remains necessary to allow the inspection staff to immediately verify the proper establishment of the employment relationship. Circular No. 1/2023 indicates that this can be proven through a certificate of the A1 document request made by the posting company to the social security authority of the originating Member State.

 

Moreover, it should be clarified that the contact person appointed by the posting company for engagement with the relevant Italian authorities does not have to be physically present in the national territory. It suffices, as stipulated by Legislative Decree No. 136/2016, to have a domicile in Italy where the contact information will be provided.

See INL Note No. 2401 of 20 December 2023.