As an employer not established in Italy, when you send an employee to Italy for a temporary assignment, you do posting work in Italy.
When a company posts workers to another country, it has obligations to respect. Formalities related to posting differ from one country to another and failure to comply with these obligations entails heavy penalties.
This article aims to inform you about the formalities to be carried out as part of the posting of workers in Italy.
Posting obligations of employees in Italy
The posting declaration
This is the document to be filled on the italian website cliclavoro for all the posted employees as well as for each mission.
Italian criminal law provides that the non-declaration to the Ministry of Labor, generates a fine of € 150 to € 500 per employee.
The representation contract in Italy
If a company outside Italy sends workers to Italy, it has the obligation to appoint a local representative (referente coma 3), who is responsible for making the link with the labor inspectorate, the police services and gendarmerie, taxes and customs. This representative must also keep all the legal documents of the company that he represents: the representation contract, the preliminary declarations of secondment, the employment contract of the employees, etc.
There is also another representative (referente coma 4) who responds to the demands of the unions on the activity of the company which allows the seconding company to have a representative who participates in the social dialogue.
National non-representation is punishable by a penalty of € 2,000 to € 6,000.
Documents required during a check
The posting of workers involves checks by the labor inspectorate who is entitled to require the submission of certain documents such as a copy of the declaration of work, the employment or service contract, the document attesting to the actual payment of the salary and respect of the minimum remuneration, the record of hours and the copy of the appointment by the employer of his representative.
If the duration of the secondment is greater than or equal to one month, the company must provide the payslips of each posted employee or any equivalent document attesting the remuneration with certain mentions.
It is to meet these requirements that So Posting Worker by ASD provides an Eshop to order online services in connection with the posting of employees and a personal space to then manage all the formalities of secondment, but also to store in one place completely secure, all these required documents.