INPS, with its message no. 2797 of 14 July 2020 provided clarifications related to private and public workers, as well as NASPI (Italian unemployment) beneficiaries, who work for brief periods in Germany.
Specifically, for private employees, they first underlined that the applicable legislation, based on the provisions contained in article 13, paragraph 1 of the EC Regulation 883/2004, is that of the State of residence of the worker as long as substantial work is performed there. Moreover, for the purposes of determining the applicable legislation, marginal employment should not be considered, i.e. work that is not very significant in terms of time and remuneration.
The message in question clarifies that if the worker is employed in Italy and performs a job of a marginal nature in Germany or one that is not substantial, the applicable legislation is solely Italian with the consequent obligation for the worker to inform INPS of his employment situation. Failure to comply will result in forfeiture of recognition of the German insurance period if considered as marginal by INPS.