Categories: Insights


26 May 2016

Cross-border posting in light of the draft legislative decree No. 296/2016

The draft legislative decree No. 296/2016 redefines the rules on cross-border posting, being an obstacle to the so-called “unlawful triangulation of staff”, often used by entrepreneurs to benefit from more advantageous contributory regimes. The draft decree, drawn up for the purposes of implementing EU Directive 67/2014 (the deadline for implementation is fixed on 18 June 2016) not only encourages cooperation amongst States, but also grants a set of powers to the supervisory bodies in order to face the companies’ possible ‘fraudulent’ conducts. In the case at issue, such bodies may take initiatives aimed at checking the posting’s authenticity, by inquiring into both the company’s modus operandi and each worker’s own characteristics, in particular, by looking at the place in which the undertaking has its own legal seat, headquarters and registered office, at the place in which the workers were hired and at the place from which they are ‘posted’, at the ways of carrying out the respective work, and at the date of commencement of the posting. Finally, the draft legislative decree provides for information obligations towards the Ministry of Labour and Social Policies, with heavy penalties in the event of failure to fulfil same. In short, the draft at issue makes us expect a new season for ‘authentic‘ cross-border posting.

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 aprile 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 marzo 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…

16 Mar 2026

Illegitimacy of staff leasing due to violation of the principle of temporariness (Top 24 Lavoro, 27 febbraio 2026 – Vittorio De Luca, Alessandra Zilla)

With judgment no. 4493 of December 19, 2025, the Court of Milan addressed the issue of indefinite-term labor supply (so-called staff leasing). In particular, the Court clarified that,…