Crime committed abroad by the posted worker: is the company liable?

The frequent application of the secondment of staff in multinationals and corporate groups raises the issue of the consequences of any offences committed by the posted employee in the context of the workplace where he/she performs his/her services.

In particular, the question concerns the possibility of an administrative liability pursuant to Legislative Decree no. 231/2001 of the posting company where the offence is committed abroad by the posted employee.

In Case No. 7 of 11 September 2024, Assonime gave a positive answer to the question.

The reason lies in the legal position of the posted worker, who, although he works abroad, formally and substantially retains the status of employee of the posting company.

He must be included among the subjects referred to in Article 5 of Legislative Decree No. 231/2001, with the consequence that, in the event of the commission of offences abroad and subject to the integration of the other legal prerequisites, the liability of the posting company arises.