An intern may be posted at another employer’s location

The National Labour Inspectorate, with memorandum No. 290 dated 12 January 2018, published its opinion on the compatibility of training in an internship agreement with posting pursuant to article 30 of the Legislative Decree No. 276/2003. On this matter, the Labour Inspectorate does not see reasons against the possibility of making use of posting in internship relationship, without prejudice to meeting the requirements of law. In particular, regarding the existence of interest of the posted party, upon the expressed establishment of the posting in the individual training plan of the worker and the presence of an adequate tutor made available by the employer. Regarding the latter, the Inspectorate, in recalling what had already been stated by the Ministry of Labour in the official memorandum No. 40/2004, noted that (i) whenever the company employs an adequate number of specialised employees, it is not relevant their location within the production unit where the interns operate and (ii) this is valid also for “remote” training and “tutoring” activities. In these cases, the condition is that the tutor be able to ensure the integration between external and internal training, with the possibility to take on even just “a supervisory role regarding the fairness and quality of training carried out by the intern”.