Effective December 26, 2016, regulations have been published which specify the requirements to maintain documentation, obligations concerning working conditions and rules concerning remuneration. The new regulations apply to all employees seconded to or within Italy.
Decree N.136/2016, in force 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 to a company within the same group);
- EU placement agencies posting workers to Italy; and
- Non-EU companies posting workers to Italy.
Any foreign employer who wishes to post employees to Italy must submit a compulsory electronic notification through the Labour and Social Policy portal at least 24 hours before the secondment takes place. Any variation to the posting conditions must be communicated through the same system within five days.
The information provided through the 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.
Requirements for Posted Workers:
- Document Storage
- During the posting and up to two years after its termination, the posting company is obliged to keep document storage on file, such as the documentation related to the assignment (including employment contract, payslips, notice of start date, end/duration of working time, proof of salary payments, 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 in charge of receiving/sending any official documents. In absence of this, the host company is considered to act as representative of the foreign posting entity.
- A representative responsible for dealing with the social parties involved in labour negotiations must also be appointed.
Companies posting foreign national employees to Italy should ensure that they comply with the new notification and document retention requirements.
Seconding and host employers that do not comply with the secondment requirements will be fined €50 for every day of work by an employee during a non-compliant secondment. Non-financial sanctions can also be applied in the event of non-compliance.
Please note that this is general information only and not intended as advice on a specific matter. Please feel free to contact Fakhoury Global Immigration directly with questions exclusive to your situation. This news alert may have been prepared using information from Peregrine Immigration Management, which is licensed to Fakhoury Global Immigration.