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Pubblicato il 27 aprile 2016 alle 13.15

In materia di distacco transfrontaliero, si evidenzia come lo schema di DLgs. attuativo della direttiva 2014/67/UE - di applicazione della direttiva 96/71/CE - rappresenti un passaggio importante nella definizione delle tutele riconosciute ai lavoratori distaccati nell’ambito di una prestazione di servizi. In particolare, la nuova disciplina, raccolta in un unico testo, dovrà essere recepita entro il 18.6.2016 e garantirà una tutela maggiormente efficace dei diritti del lavoratore distaccato, sia sanzionando le c.d. “società di comodo” e il distacco non autentico, sia aumentando la capacità degli Stati membri di monitorare le condizioni di lavoro e di far rispettare le regole applicabili.

In estrema sintesi, a tutela del lavoratore distaccato viene ora previsto che il distacco non autentico comporti l’automatica assunzione del lavoratore alle dipendenze del soggetto che ne ha utilizzato la prestazione, oltre all’irrogazione di sanzioni amministrative pecuniarie.

Tuttavia, come osservato dall’Autore, l’intento compromissorio che ha caratterizzato la materia risulta evidente anche nella bozza del DLgs. in commento, destinato ad abrogare il DLgs. 72/2000, laddove si conferma il livello di protezione minimo individuato dalla Direttiva 96/71/CE, ma non si garantisce al lavoratore distaccato il rispetto integrale delle condizioni di lavoro fissate dalla legge e dai contratti collettivi.


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