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ITALY: New Obligations for Employers of Posted Workers
September 14, 2016
Effective 22nd July 2016, Decree N.136/2016 introduced new obligations for companies posting foreign national workers to Italy. Specific guidelines for the implementation of the new provisions are yet to be issued.
The Decree 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 and Non-EU companies posting workers to Italy.
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, payslips, notifications).
- Appointing a local representative resident in Italy.
- 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.
Advice
Companies posting foreign national employees to Italy should ensure that they comply with the new notification and document retention requirements.
You should check with a local immigration provider in Italy for the latest on the implementation of the new provisions.
If you require any additional information regarding these new obligations please contact a member of our team at [email protected].
