Regulations have been published that specify the procedure for submitting new mandatory notifications for companies posting foreign national workers to Italy. These changes took effect on December 26, 2016.
Decree N.136/2016 (in effect since July 22, 2016) implements EU Directive 2014/67 (concerning the posting of workers in the framework of the provision of services), and applies to:
- European Union (EU) companies posting (seconding) workers to a company in Italy (including a company within the same group)
- EU placement agencies posting workers to Italy
- Non-EU companies posting workers to Italy
What are the notification requirements?
- Any foreign employer who wishes to post employees to Italy must submit a compulsory electronic notification (electronic form UNI_Distacco_UE) through the Labour and Social Policy portal before the end of the day preceding the start date of posting
- Any variation to the posting conditions must be communicated through the same system within five days
- The information provided through the dedicated form (number of workers involved, start/end date of the posting, place of work, host entity etc.) will be available to the Labour Inspectorate, the National Social Security Agency (INPS) and the National Workers compensation authority (INAIL).The procedure requires the posting employer to register and create an account in the online system
What other requirements are introduced?
- Document storage: during the posting and up to two years after its termination, the posting company is obliged to keep on file the documentation related to the assignment (including employment contract, payslips, notice of start date, end/duration of working time, proof of salary payments and certificate of coverage related to the applicable social security legislation)
- Appoint a representative domiciled in Italy: during the posting and up to two years after its termination, a legal representative based in Italy must be appointed to receive/send any official documents. In the absence of this, the host company is considered the representative of the foreign posting entity
- A representative responsible for dealing with the social parties involved in labor negotiations must also be appointed
This summary was prepared using information obtained from Peregrine Immigration Management.
Disclaimer: The above information is provided for general information purposes only and should not be construed as legal advice. If you have any further inquiries regarding the applicability of this information, please contact Jennifer Baillie-Stewart: firstname.lastname@example.org.