Condominium cleaning under the table, what do tenants risk?

The common areas of the condominium require frequent management and maintenance works, including condominium cleaning, which represents an indispensable service used in most condominiums.
Even in this field, however, it is not so difficult to come across illegal work, sometimes because professionals are not hired, other times simply to save money.
This is incorrect and illegal behavior, given that Italian law categorically prohibits employers from using the services of professionals without a regular contract and documented payment.
Furthermore, the condominium is also subject to a specific obligation of transparency and traceability, independent of the cash limit decided annually by the government.
It is often thought that all the responsibilities of the case fall on the administrator, since he acts as an intermediary also taking care of the bureaucratic procedures and payments.
This, however, does not mean that the responsibilities of condominium owners are irrelevant.
Here's what tenants risk for illegal condominium cleaning.
The obligation to have a condominium current account The legislation requires that the condominium has its own postal or bank account, through which all sums relating to payments and collections of the condominium must pass.
This means that not all payments have to be traceable, as long as the sums of money in question pass through the account.
This rule serves, in fact, to guarantee the transparency of administrative management, so much so that each condominium owner has the right to view and extract a copy (at his own expense) of the periodic reporting.
read also Condominium, when and how to oppose the assembly's decision This does not mean that the condominium can pay the cleaning staff in cash, since the 2017 Financial Law (law no.
232/2016) prohibits cash payments by the condominium for the provision of services.
Condominium cleaning falls precisely into this category, therefore their payment must be paid with different instruments: Bank transfer; check; cashier's check; credit, debit or even prepaid cards.
The condominium that violates this rule risks a fine of 3,000 euros.
Please remember that the amount of the payment has no relevance (it may even be small sums below the cash limit), since the law requires traceable payment by the condominium towards the contractors of works and services in the area of the business operation.
For all other condominium expenses there is no obligation of traceability, as long as the sums involved pass at least into the condominium current account.
read also Defaulting condominium administrator: what can be done? Condominium and illegal cleaning, the sanctions In addition to the specific rules regarding condominium matters, in the case of illegal work, the rules established by Legislative Decree no.
152/2015 which sanctions employers who do not stipulate a regular contract for workers.
In particular, the fine paid by the employer depends on the number of days of actual employment of the worker, as follows: Up to 30 days of employment fine from 1,800 to 10,800 euros; from 31 to 60 days of work fine from 3,600 to 21,600 euros; employment beyond 60 days fine from 7,200 to 43,200 euros.
It is important to underline that the sanction applies to every worker employed, regardless of the hours worked.
The final fine, therefore, can easily increase, also because a 20% increase is foreseen for some categories of illegal workers (including minors and irregular foreigners).
But what do tenants risk? The employer is represented in this case by the condominium administrator and by the condominium owners themselves, who have the right to access the reporting, therefore each of the interested parties risks an administrative fine.
The situation is different for rented tenants, who do not have any type of responsibility regarding the works commissioned by the condominium.
The fine of 3,000 euros is added to the fine for illegal work if a person carrying out business activities is appointed to carry out the cleaning, or the fines provided for by law no.
82/1994 for having commissioned the cleaning work to non-licensed companies, also in this case pecuniary.
read also Condominium fees that are too high, how to check if you pay the right amount?

Author: Hermes A.I.

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