Categories: Insights, Publications

Tag: distacco


30 Sep 2020

Fictitious secondment (“posting”), the contributory and social security saving is fraud (Guida al Lavoro de Il Sole 24 Ore, 25 September 2020 – Vittorio De Luca and Antonella Iacobellis)

The Court of Cassation has ruled on the matter of the fictitious secondment (“posting”) of employees. Sanctions shall be imposed on any undertaking seconding (“posting”) its own employees by way of fictitious secondment (“posting”). The sanctions provided for under the Biagi Law as to a lawful and correct application of the secondment (“posting”) institution must not be confused with those under the Criminal Code pertaining to the crime of fraud against the State. In the case at issue, the profit of the fraud crime consists in the contributory and social security saving reached by the seconding (“posting”) employer through the fictitious secondment (“posting”).

With judgment No. 23291 of 15 July 2020, the Second Criminal Division of the Court of Cassation imposed sanctions on a seconding (“posting”) undertaking for the fictitious secondment (“posting”) of employees, also laying stress on the fact that the sanctions provided for under the Biagi Law related to a lawful and correct application of the secondment (“posting”) institution must not be confused with those under the Criminal Code pertaining to the crime of fraud against the State.

Continue here to read the full version of the article (in Italian).

Source: Guida al lavoro de Il Sole 24 ore.

Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

8 Apr 2026

Management of corporate email after termination of employment: the limits according to the Italian Data Protection Authority

The Italian Data Protection Authority (i.e. “Garante per la protezione dei dati personali”) has once again provided guidance on how employers should manage corporate email accounts after the…

8 Apr 2026

Oral dismissal: the burden of proof on the employee

With order no. 4077 of 23 February 2026, the Italian Supreme Court addressed the issue of oral dismissal, holding that an employee challenging the termination of the employment…

8 Apr 2026

DID YOU KNOW THAT… incompatibility between colleagues may justify the transfer of an employee? 

The Italian Supreme Court, with order no. 4198 of 25 February 2026, held that an employee’s transfer may be lawfully implemented also in the presence of a situation…

7 Apr 2026

The boundary between rest and inactivity in the management of working hours (AIDP – HR Online, 7 April 2026 – Vittorio De Luca, Alesia Hima)

In the organizational language of companies, terms such as “breaks,” “waiting times,” or “downtime” are often used. In operational practice, these expressions tend to be treated almost as…

17 Mar 2026

Equal pay: green light for the decree on pay equality and wage transparency (People are People, 16 March 2026 – Claudia Cerbone, Martina De Angeli)

Claudia Cerbone and Martina De Angeli, professionals at the De Luca & Partners firm, author this article dedicated to the draft legislative decree approved last February 5 by…

10 Mar 2026

The transfer of the employee is lawful when there is incompatibility with the company environment (Camera di Commercio Italo-Francese, 10 March 2026 – Vittorio De Luca, Silvia Zulato)

With Order No. 4198 of 25 February 2026, the Italian Supreme Court (Court of Cassation) – Labour Section – reaffirmed that a situation of environmental incompatibility may justify…