International Secondment: the New Rules
On July 22, 2016 D.LG. n. 136/16 came into force, implementing Directive no. 2014/67 / EU on international secondment (The Secondment) of workers in the framework of EU members. The decree regulates in a single text, the requirements of a secondment and working conditions for secondment workers.
We have summarized the key points of the reform.
The guidelines apply in all cases in which a worker employed in a Member State is sent to carry out his/her activities with another company also in the same group in another EU country.
The employment relationships between companies and secondment workers apply “the same working and employment conditions” provided for the workers carrying out similar subordinate work at the place where the secondment takes place.
The secondment applies the rules on joint and several liability (between client and contractor) provided for by art. 1676 cod. civ. and art. 29, paragraph 2, of Legislative Decree 276/2003 (in terms of contract) as well as that referred to in paragraph 2 of art. 35 of Legislative Decree no. 81/2015 (in terms of administration).
Labour inspectors must assess in order to verify the authenticity of the secondment: If the activity of the transfer agent is reduced to the mere management or administration of the personnel, the secondment is not authentic.
In cases in which the secondment in favor of a company established in Italy does not prove true, the employee is considered in all respects subordinate to the person who has used the service. In addition, the transfer agent and the person who has used the service of posted workers are punished with an administrative fine (50 euros per person employed and for each day of employment, the amount of the penalty can not be less than EUR 5,000 nor more 50,000 euro). If the not genuine secondment concerns minors, the transfer agent and the person who has used the service of secondment workers are punished with a term of imprisonment of up to eighteen months and a fine of 50 euros per person employed and per day of employment which may be increased by up to six times more.