Undeclared work is seriously prosecuted by law, with heavy sanctions imposed on employers.
Irregular employment relationships are always prohibited, as workers are not protected from any point of view.
The type of regularization then varies depending on the job and how it is carried out.
The gardener, in this specific case, can be subjected to various regularisations.
At least a rough distinction must be made between self-employment, employee work and domestic work.
In fact, the responsibilities of tasks carried out illegally change completely.
What risks those who make a gardener work illegally? Those who make a gardener work illegally risk rather high fines, as does any employer who has irregular employees.
However, it is necessary to distinguish who the gardener's employer is, a circumstance that changes depending on the case.
In fact, to receive work services from a gardener, several solutions are possible: Contact an independent gardener; contact a specialized company to send an employee; hire a gardener if a continuous or prolonged commitment is required.
Different regulations are therefore expected, with important shifts in responsibility.
Employed gardener Contacting a gardening company is very practical for numerous reasons and is also practical with regards to regularizing the gardeners' employment relationship.
Whoever turns to the company, for example an owner or a condominium administrator, is in all respects a customer.
The company, however, is the employer of the gardeners who will carry out the task.
As a result, one can abandon any worries about whether their employment status is legal or not.
Naturally, reference is made to the profile of legal responsibility and the regulation of sanctions against illegal work.
As for the ethical and civic level, everyone can ask themselves additional questions and possibly ask for clarifications.
In any case, the client does not risk any type of sanction.
Different things for the gardening company, which as an employer risks very high fines.
read also How to report illegal work Self-employed gardener Not all gardeners are employees of a company, in fact many work as self-employed workers.
Even in this case, whoever commissions the work is free from a good deal of worries and commitments.
In fact, it is up to the worker to be in compliance from a tax point of view and to issue receipts as required.
Those who carry out gardening activities occasionally can, if they respect the conditions, issue the occasional service receipt and are not forced to open a VAT number.
In any case, he cannot work illegally, otherwise he risks receiving the sanctions provided by law.
It is important to remember that the self-employed gardener who works illegally must still be paid how much and when agreed, otherwise he can turn to the judge to demand the compensation.
read also What risks those who work illegally Gardener domestic collaborator Finally, anyone who constantly (or for a long period) needs a gardener (perhaps because they have different lands or the worker performs different tasks) must necessarily hire him.
This applies both to companies looking for employees, but also to private individuals who want to make use of a gardener on a permanent basis.
In this case the client is also the employer and will therefore have to hire the gardener as a domestic worker.
Anyone who makes a gardener work illegally risks very heavy fines.
Failure or late notification of the hiring to INPS: fine between 200 and 500 euros; failure to register with INPS: fine between 1,500 and 2,000 euros, increased by 150 euros for each day of actual work; failure to pay contributions: sanction of a maximum of 40% of the amount due.
The sanctions are intended for each gardener employed and can increase significantly if the workers fall into certain categories, if they do not have a residence permit and if they are employed in professional or entrepreneurial activities.
The gardener who has worked illegally is still entitled to receive the salary difference appropriate to the law, as well as the compensation not received (including severance pay and holidays).
Furthermore, the worker could reclaim the compensation already received, if there is no way to prove the payments.
Finally, in the event of an accident at work you will need to pay high compensation for damages.
read also Maids and carers in the black, what risks the family?
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