Prepared by Marzio Scaglioni and Antonio Giardina
After a long wait, the Social Security Agreement signed between Italy and Albania has finally come into force. This agreement allows for the intensification not only of commercial exchanges but also of the posting of all those workers who are or have been engaged in subordinate or self-employed activities in either of the two States. Indeed, on April 10th, 2025, through a press release from the Italian Ministry of Labour, the signing of the administrative arrangements for this agreement was announced.
This collaboration is part of a broader context of bilateral relations, which reached their peak with the signing of certain agreements on February 6th, 2024, by the Foreign Ministers of the two Countries. However, it was only with Law No. 29/2025 that the agreement in question was formally ratified.
As of today, therefore, only the instructions and technical clarifications from Italian Social Security Institute (so called in Italian “INPS”) are awaited in order to give full effect to the agreement.
Below is a summary of the most relevant points contained in the arrangement concerning the social coverage applicable to the different categories of workers specified below.
Scope of Application
As a preliminary matter, Article 2 of Law no. 29/2025 defines the scope of application to which this agreement applies, specifying that it – in the Italian context – extends to the social security coverage to the following pension schemes:
- the general compulsory insurance for invalidity, old age, and survivors;
- the special schemes for self-employed workers (artisans, traders, direct farmers) and the specific pension scheme related to this general compulsory insurance;
- insurance for sickness, including tuberculosis and maternity;
- unemployment insurance;
- special substitute and exclusive insurance schemes established for certain categories of workers, insofar as they relate to benefits or risks covered by the legislation indicated in the previous points.
The Agreement also specifies that the personal scope will extend to all those persons who are or have been subject to the legislation of one or both of the contracting States, as well as to their family members and survivors.
Principle of Territoriality and Applicable Legislation
The Agreement refers to the general principle of territoriality, according to which a person who carries out subordinate or self-employed activity in the territory of one of the contracting States is exclusively subject to the social legislation of the State in which such activity is carried out. Nevertheless, the Agreement provides for exceptions for the following categories of workers:
- subordinate workers;
- self-employed workers;
- workers employed on board ships and traveling personnel in the air, road, and rail transport sectors;
- public employees and assimilated personnel, as well as diplomatic staff.
Specifically, individuals belonging to the categories of subordinate and self-employed workers who carry out work activities in one of the two contracting States will continue to be subject to the social legislation of their country of origin for a maximum period of 24 months.
Transitional Regime and Final Provisions
The Agreement specifies that the provisions contained therein will apply to benefit applications submitted from the date of its entry into force, as defined according to the procedures specified in the Agreement itself.
It should also be noted that the actual implementation of this agreement is subject to the issuance of specific instructions by INPS, which will define and indicate all the necessary administrative requirements and fulfillments
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