New Obligations Forthcoming for Foreign Companies Posting Foreign Workers

On or after December 26, 2016, according to a policy change, EU and non-EU employers seconding employees to Italy will be required to submit an online notification through the Labour and Social Policy portal, report any updates to their employees’ information within five days of the change, maintain employee documentation for up to two years after the assignment end date and appoint a company representative.

Online Notification Process

Employers seconding employees must create an online account and submit the following information by midnight of the day before the assignment start date:

Assignee(s) name(s);
Assignee(s) date(s) of birth;
Start/end dates of assignment;
Sending company details;
Work location;
Type of services to be provided;
Contact information and address of the representative(s) in Italy;
Work Permit Authorization number, if applicable;
Host entity; and
Number of workers in Italian company.

The information will be reported to the Labour Inspectorate, National Social Security Agency and National Workers Compensation Authority.

Employers must report any subsequent amendments to the original secondment conditions through the same system within five days of the change.

Document Maintenance and Legal Representative Obligations

The new policy has also formalized the requirement for the seconding company to maintain the following documentation for up to two years after the assignment end date:

Employment contract;
Payslips;
Notice of start date;
End/duration of work;
Time sheets;
Proof of salary payments; and
Certificate of coverage related to the applicable social security legislation.

Lastly, the sending company must appoint a representative to receive and send official documents for up to two years after the assignment end date. Alternatively, the host company can act as the sending entity’s representative. A representative must be also be appointed to liaise with trade unions and local labor authorities during labor negotiations. This can be the same representative as above, or a different one.

What This Means for Employers and Foreign Nationals

Employers should work with their immigration professional to ensure they comply with the new regulations by December 26. Some of these new processes may result in fees.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to emea@fragomen.com.

We have dedicated extensive resources to monitoring immigration regulatory developments and policy changes as they evolve worldwide.