Categories: Insights, Practice

Tag: distaccatario, distacco transnazionale, Ispettorato Nazionale del Lavoro, prestazione di servizi, unità produttiva


27 Jun 2017

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.

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,…