The posting of foreign employees concerns companies that send one or more employees to perform a service in another country. Several sectors of activity have a large number of seconded employees, but the most coveted sectors are construction and transport.
Moreover, the formalities linked to secondment differ from one country to another and are compulsory in most cases under penalty of heavy penalties.
Posting of foreign workers to Italy
Foreign companies wishing to post workers to Italy must file an electronic declaration with the Ministry of Labour. They also have the obligation to appoint a referent established in Italy in order to make available to the local authorities the required documents translated into the language of the country.
The obligation to notify the posting of foreign employees in Italy
On 17 July 2016, European Directive 96/71/EC concerning the posting of workers in the framework of the provision of services was transposed by Legislative Decree No 136.
This decree establishes the obligation for foreign companies to notify the local authorities of the posting of their employees on Italian territory.
This must be done at least 24 hours before the start of the assignment in Italy, and obliges the employer to provide some information on the seconded employee(s) such as their identity, the start and end date of the secondment, the place of secondment and the employer’s contact details.
The obligation to appoint an agent and a representative on Italian soil (referente comma 3 and comma 4)
The foreign company has the obligation to appoint an agent and a representative. The representative, called “referente comma 3”, is a liaison person between the Italian authorities and the seconded employees. In particular, he is responsible for keeping documents in Italian for two years from the start of the secondment so that they can be presented at a local labour inspectorate inspection. Also, a second “national representative”, called “referente comma 4”, must be domiciled in Italy and has for mission to dialogue with the social partners.
Very soon, discover the new service of posting foreign workers in Italy on the e-shop of ASD Group. You can thus easily and serenely manage your secondments in Italy online.