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ITALY – New Obligations for Employers of Posted Workers

, 13/09/2016

Effective 22 July 2016, Decree N.136/2016 introduces new obligations for companies posting foreign national workers to Italy. Specific guidelines for the implementation of the new provisions are yet to be issued.

Who is Affected?

The Decree 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;
  • Non-EU companies posting workers to Italy.

What are the new requirements?

The decree introduces some obligations for sending companies posting workers to Italy, namely:

  • Sending a notice of the secondment to the Ministry of Labour before the posting is initiated, and of any changes occurred during the relationship;
  • Maintaining all documents referring to the posting (employment contract, pay slips, notifications);
  • Appointing a local representative resident in Italy.
The decree also introduces a regime of joint liability between the host company in Italy and the sending company in relation to social security contributions, which will endure for up to two years after the termination of the posting.

Background

The Decree implements EU Directive 2014/67 (concerning the posting of workers in the framework of the provision of services), which enforces the 1996 Posted Workers Directive (96/71/EC)

Action Items

  • Companies posting foreign national employees to Italy should ensure that they comply with the new notification and document retention requirements;
  • Check with a local immigration provider in Italy for the latest on the implementation of the new provisions.