Italy’s Government recently introduced a decree (legislative decree no. 136/2016, published in Italy’s official gazette (Gazzetta Ufficiale) on 21 July 2016 and effective starting from 22 July 2016) for the implementation of the Directive 2014/67/EU, regarding secondments of employees in the EU.
Who do the changes apply to?
This new statutory legislation applies to contractor in Italy and it establishes new sets of notifications and other administrative requirements for Employers, such as the obligation to send a notice to Italy’s Minister of Labour not less than 24 hours prior the posting of the worker, and any subsequent change in terms of contract or work condition must be notified within five days from the event.
The sending company must also nominate a referee, domiciled in Italy, which would be responsible of keeping all the relevant documentation for the Contractor.
The Statutory Communication: Companies which have dealt with Posted Workers in 2016 had to submit a mandatory yearly communication by the end of January and it had to include:
- Number of temporary Contractors with their specific qualification (without name)
- Duration of contracts related to these Contractors
This new Legislation, according with the European standards, ensures more investigation power (and relative increased sanctioning power) for the National Labour Inspection Bodies and new disclosure obligations for all the Companies benefiting of the services rendered from Posted Workers.