Clifford Chance

Transnational posting of workers: strict controls on the entire chain

26 June 2017

With note No. 4833 of 5 June 2017, the Italian National Labour Inspectorate provided instructions for inspections regarding transnational postings of workers which involve multiple undertakings (i.e., seconding company, host company and the final beneficiary of the worker's performance, different than the host company).

The note sets out a strict framework, providing that a genuine posting must be assessed with reference to the entire transaction, applying both the specific requirements under the rules governing international posting and the general requirements under Italian law governing service contracts, postings and staff leasing.

Companies must plan international postings taking into account all requirements, and prepare the documentation carefully, so as not to incur in penalties or allow the posting to be reclassified as an employment relationship with the final beneficiary of the work performance.

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