In March 2018, with a circular letter , the National Labor Inspectorate (INL) wanted to provide operational indications , shared with the Ministry of Labor, INPS and INAIL, to its own inspection staff on the subject of collaborations made by family members in the craft enterprise , agricultural or commercial , for the purposes of the social security scheme . The circular identifies orientation parameters and case studies useful for the verification of the occasional nature of family collaborations. The need to provide specific indications and clarifications arises from the observed discrepancies in the assessment, during surveillance activities, of the indices of habituality and prevalence of work activity rendered by collaborators and family assistants, in particular in relation to commercial activities.
The INL specifies, however, that the activities performed by collaborators or family members must necessarily be evaluated in their specificity and therefore always through an analysis on a case-by-case basis. For example, the services provided by the pensioner family who does not guarantee a continuous presence, or those rendered by the family member who already has full-time employment, can be traced back to forms of temporally circumscribed solidaristic needs and consequently have a character of occasionality, with the consequent exclusion of the obligation to register for the relative social security management.
In other cases, the INL has decided to provide its inspection staff with an assessment index of occasionality of the servicethat is similar to the criteria adopted by the legislator for the craft sector (90 days in the year) and is based on the orientation of the jurisprudence of legitimacy for the commerce sector, with regard to the requirements of habitability and prevalence of the provision as per art. 2 of the Law n. 613/1966. The index identified is also considered useful in relation to the tourism sector , bearing in mind that, if the performance is performed within seasonal activities, the same index (90 days in the year) will obviously be recalculated according to the effective duration of the ‘seasonal activity (for example, for a seasonal duration of three months, 90: 365 x 90 = 22 days).
The indications provided by the INL with the circular letter of March 2018 refer to the social security obligations towards INPS. As regards the insurance protection against accidents at work and occupational diseases managed by INAIL for family workers in the sectors of crafts, agriculture and commerce , the clarifications contained in the previous circular letter no. 14184 of the Ministry of Labor of 5.08.2013, to which explicit reference must be made.
In any case, it should be remembered that the assessment criteria identified are not intended in absolute terms and that, if you do not do so, the inspection reports must be promptly motivated in order to reconstruct the ratio in terms of habitual or prevalent work performance found.