In Note no. 2401 of 20 December 2023, the National Labour Inspectorate provided clarifications on the simplification of administrative costs for transnational secondments
In particular, with regard to the obligation established by Legislative Decree 136/2016 to keep, among other things, the employment contract, pay slips, documents proving the payment of wages and the notice of commencement of employment during the transnational secondment and for up to two years after the end of the secondment, it is sufficient to make these documents available to the supervisory authorities upon request, without the need to keep these documents on site for the entire duration of the secondment.
In order to comply with the aforementioned obligation, the National Labour Inspectorate reiterated that the need to allow the inspectorate staff to verify immediately the correct establishment of the employment relationship is obviously still valid, which, as indicated in Circular no. 1/2023, can be demonstrated by a certificate of the request for the A1 Form made to the social security authority of the Member State of origin made by the posting company.
In terms of simplification, the National Labour Inspectorate also addressed the requirement to designate a contact person responsible for sending and receiving acts and documents.
In this respect, the note clarifies that the contact person that the secondment company must designate to deal with the competent Italian authorities does not necessarily have to be physically present in Italy.
It shall suffice to indicate a domicile in Italy used for the contact details for both notifications and any direct contact.
