The National Labor Inspectorate – Central Directorate for Legal Coordination, with Note No. 1229 of June 16, 2022, provided clarifications regarding the use of the “UniRete” forms referred to in Ministerial Decree No. 205/2021 to make notifications of workers on secondment under network contracts and workers in codatoriality in so-called “network-subjects“.
With reference to secondment, INL has specified that the aforementioned “Unirete” forms are to be used exclusively in relation to workers in codatorial status, whether it is intra-network secondment, i.e., to an enterprise belonging to the network but not a co-employer, or for secondments outside the network. In such cases, it will always be the responsibility of the enterprise indicated as the “referent” under the network contract to make the relevant notifications.
In the event, on the other hand, that the secondment by network firms involves workers who are not in codatorial status, the traditional Unilav form must continue to be used.
With regard to network-subjects, INL clarified that:
- on the one hand, this type of network, insofar as it is endowed with legal subjectivity that is autonomous and distinct from the network enterprises, is entitled to directly hire employees to be used in the realization of the objectives set forth in the network program;
- on the other hand, Art. 30, para. 4-ter, of Legislative Decree No. 276/2003 does not condition the admissibility of the co-determination regime on the legal nature of the network. Therefore, in the absence of an express regulatory prohibition, in the same way as in network-contracts, it is also possible in network-subjects to employ under a codatorial regime the workers in the same network or the network enterprises, provided that the codatoriality has been provided for in the contract and regulated by an appropriate agreement.
Communications regarding codatorial employment in networks-subjects should always be made using the “UniRete” form, in the manner set forth in Ministerial Decree No. 205/2021 and in compliance with the operating instructions previously provided by INL in Note No. 315 of February 22, 2022.
For more information, please contact Avv. Matteo Di Francesco, tel. +39 0230462665, cell. +39 3497854556, e-mail: mdifrancesco@legalframe.it