Categories: Insights, Legislation


25 Jul 2016

Legislative Decree No. 136/2016 as a panacea for the unlawful triangulations used in cross-border postings of workers

On 22 July 2016 Legislative Decree No. 136 that has redefined cross-border postings has been given final approval. The Legislative Decree implementing Directive 2014/67/EU, addresses all cases of irregular posting, encouraging cooperation between States in determining the authenticity of the same. The regulations apply to companies within the EU that post one or more workers in Italy to another company, including employment agencies and internal mobility within the same company. The powerful mechanism underlying the decree is structured on a set of initiative powers referred to the supervisory bodies. It refers to investigations geared, amongst other things, to verifying: the place where the company has its registered-administrative office and where it is registered; the place where the workers are hired and where they are posted to; the fact that the worker carries out his normal working activity in the State from where he was posted. If the posting is found not to be authentic, the worker will be considered as an employee of the entity which has made use of his service, also imposing considerable financial penalties on the company making the posting and on the one where the worker is posted to. It would seem, then, to be the end of the season where “illicit personnel triangulations” were a valuable mechanism for bypassing the onerous contributory schemes in Italy.

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

3 Aug 2026

Pay Transparency: the first requests from employees are starting to arrive (Il Sole 24 Ore, 3 august 2026 – Vittorio De Luca)

Two months after the decree. Since Legislative Decree 96/2026 came into force on 7 June, according to a flash survey conducted by GIDP, 8% of HR directors have…

30 Jul 2026

Corporate controls and data protection: what balance?

A recent judgment of the Court of Pisa, No. 800 of 13 June 2026, addresses a topic of particular interest for companies: the delicate balance between the protection…

30 Jul 2026

Unfair dismissal and reinstatement: the employee must repay the payment in lieu of notice

With order no. 22187 of 28 June 2026, the Italian Supreme Court addressed the issue of whether payment in lieu of notice paid to an employee must be…

30 Jul 2026

Did you know that… an employee’s natural incapacity does not prevent the time limit for challenging a dismissal from running?

In judgment no. 23486 of 18 July 2026, the Joint Chambers of the Italian Supreme Court (i.e. “Corte di Cassazione”) held that the natural incapacity of an employee…

22 Jul 2026

An employee may not steer clients toward a competitor before resigning (Camera di Commercio Francese in Italia, 22 July 2026 – Vittorio De Luca, Silvia Zulato)

With Order No. 1723 of 26 May 2026, the Italian Supreme Court (Corte di Cassazione) confirmed the liability of an employee who, prior to the termination of his…

20 Jul 2026

Access to Naspi (Top24 Lavoro Ai – Il Sole 24 Ore, 20 July 2026 – Vittorio De Luca e Alessandra Zilla)

Regulatory Framework  The New Social Insurance for Employment (NASpI), introduced by Legislative Decree No. 22 of 4 March 2015, is the primary income support scheme for employees who…