The situation
A new law in Italy regarding the investigation of posted workers will increase employer inspections conducted by the Labour Inspectorate.
A closer look
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Inspection goals. Government inspectors will be checking to ensure the posted worker is qualified to be working under Italian immigration laws, and that the employer and employee are not circumventing or abusing any posted worker rules. Inspectors have stated that they will particularly target companies that systematically fail to send the required government notifications and who rotate the same posted workers frequently to fill the same position.
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Increased data checking. Inspectors will also increase their use of the information available on the new Internal Market Information System (IMI) to verify that posted workers’ work conditions are in line with local standards.
Impact
Employers should ensure their foreign workers’ immigration documents are in order and on site in case of an inspection and should contact their immigration professional immediately in case of an audit, which can be unannounced.
Looking ahead
The increased inspections are in line with the government’s goal of restricting illegal employment of both foreign and local workers. Employers should expect further restrictive policies regarding the employment of foreign workers in the future.
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 [email protected].
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