The EU Directive 67/2014 on strengthening protection of posted workers has been implemented by Legislative Decree no. 136/2016. The new law is applicable to companies and placement agencies in an EU member country that posts workers to Italy. In addition, some aspects (among which article no. 10, as below detailed) are also applicable to companies situated in non-EU Countries if they post workers in Italy.
Article no. 10 of the Decree provides that the posting company shall comply with the following obligations:
- appoint a contact person in Italy empowered to send and receive documents
- appoint a contact person who shall be available to deal with unions upon their request
- keep copies of documents concerning the seconded employee during the secondment and for the 2 years following its termination (i.e. working hours, payslips, employment contract, form concerning the applicable social security legislation)
- provide the Ministry of Labour in Italy at least 24 hours before the beginning of the secondment with the following information: - information on the posting company - number and data of the seconded employees - commencement date, termination date and duration of secondment - place of work in Italy - kind of services provided - names of contact persons above
- inform the Ministry of Labour in Italy of any change concerning the secondment within 5 days.
Failing to comply with the final two points above may lead to a fine of between 150 and 500 Euros for each worker. A failure to keep copies of necessary documents for 2 years may result in a fine between 500 and 3.000 Euros for each worker and failing to appoint contact people can lead to a fine between 2.000 and 6.000 Euros.
On a related subject, Legislative Decree n. 253/2016, in effect from January 11, 2017, has implemented Directive 2014/66/EC on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer (the so-called “ICT Directive”). This law has amended the Law on Immigration (Legislative Decree no. 286 of 1998) and applies to third country nationals who qualify as managers or specialists and are seconded from a non-EU employer to an Italian company of the same group.