By Lorenzo Bacciardi, LL.M. and Chiara MarracinoGlobal Mobility Department

The Italian social security authority (INPS), with Message no. 1633 of April 15th 2020, provided indications and clarifications with reference to the social security legislation applicable during the COVID-19 emergency to workers sent abroad and to the validity of the A1 Certificates already issued.

 

global-mobility-bacciardiWith regard to the A1 Certificates previously issued pursuant to articles 11 and 12 of the EC Regulation no. 883/2004, expiring between January 31st 2020 and July 31st 2020, if the worker sent abroad was unable to return to Italy and, therefore, was forced to remain in the host country, the validity of the aforementioned A1 Certificates must be considered extended until the end of the state of emergency, set on July 31st 2020.

This, even if an explicit request for the application of the derogation pursuant to Article 16 of the EC Regulation no. 883/2004 was not submitted.

With regard, instead, to workers who work in two or more States pursuant to article 13 of the EC Regulation no. 883/2004,, in order to avoid that the forced permanence of the worker in the foreign State determines the obligation to pay social security contributions in such foreign State pursuant to article 13 of the EC Regulation no. 883/2004, the A1 Certificates released before the COVID-19 emergency must be considered valid for the whole period of permanence of the worker in the foreign State, so that the social security legislation applicable according to article 13 of the EC Regulation no. 883/2004 may not be applied.