Legitimacy indexes of transnational posting according to the inspectors

With note No. 4833 dated 5 June 2017, the Italian Labour Inspectorate provided clarifications regarding the correct application of the Legislative Decree No. 136/2016 on the topic of transnational posting. With reference to the concept of “provision of services” the provision clarifies that such wide meaning term – which assumes the execution of temporary work activities in favour of a beneficiary located in Italy (that is the “receiving entity”) or a production unit of the foreign posting company present in Italy or at a client party – include tenders, sub-tenders and, more in general, any trade agreement having as its scope the exchange of services between companies located in different countries. Regarding the concept of the production unit of the foreign company posting in Italy, the Inspectorate specified that it must be a unit having a minimum level of organization of means and/or people and that, therefore, be an actual centre for handling relationships and legal situations related to the foreign entity. According to the Inspectorate, within the legitimate transnational posting cases fall those in which foreign workers are sent to Italy to work at a branch of the posting foreign entity or at another commercial entity (e.g. the “receiving entity”) located in Italy and that, subsequently, are engaged in Italy to carry out a tender at another client company. Lastly, the Inspectorate, on the one hand, excluded from the term “provision of transnational services” the activities carried out at temporary stalls on occasion of expos, fairs and events since a stall cannot be deemed a production unit, while on the other hand it included in the definition the activities to assemble and disassemble the stalls.