Regulations for posting workers to Italy are a reason of concern for many foreign businesses, and indications were often required to TradeCube on this matter. So we are delighted to provide a comprehensive guide.
Posted Workers in Italy, an overview
During the posting period, posted workers must be guaranteed the same minimum conditions of employment as those for wage labour workers doing similar work in the posting location, as provided for by the legislative provisions and the collective labour agreements.
In particular, if the posting is in Italy then it is regulated by legislation, administrative recommendations and provisions of the collective labour agreements with specific regard to:
Maximum work periods and minimum rest periods:
The standard number of working hours is 40 per week. Workers are also entitled to 11 consecutive hours of daily rest every 24 hours in addition to an uninterrupted weekly rest period of 24 hours every seven days, generally on Sundays. The above-mentioned uninterrupted weekly rest period is calculated within a period of 14 days and could fall on a weekday.
Minimum paid annual holiday
The worker is entitled to a minimum of 4 weeks of paid annual holiday. Payment cannot be taken in lieu of holiday unless employment has terminated
Minimum rates of pay (including overtime rates)
In Italy, there is no statutory minimum wage. Collectively agreed minimum wages are established in the national collective agreements for the different industrial sectors by the most representative trade union organizations at a national level, in compliance with Article 36 of the Constitution which lays down the right to a fair wage, in proportion to the quality and quantity of the work.
Conditions applying to temporary workers
For their entire working period, agency workers are entitled to at least the same pay and the same conditions for equal work as those who are employed directly by the “user” company. The “user” company is committed jointly with the temporary staff provider to pay the worker’s salary as well as the relative social insurance contributions.
Health, Safety and Hygiene at work
The provisions and the sanctions regime concerning Health, Safety and Hygiene at work are provided for in Legislative decree No 81/2008. These provisions apply to all kinds of activities and risks as well as to all workers, employees or self-employed, and to whoever carries out his activity in the employer’s organisation. Training must meet the legal requirements.
Rules concerning the terms and conditions of employment of women who are pregnant or who have recently given birth, of children and of young people
Legislative decree No 151/2001 provides for maternity and paternity support and protection; the law of 17 October 1967, No 977 provides for the protection of the child and adolescent workers.
Equal treatment for men and women and other provisions on non-discrimination
Equal treatment must be guaranteed with regard to all aspects of employment, such as access to employment, promotion, training, employment conditions including remuneration and social benefits.
Procedure for posted labor:
Article 10 of the Legislative decree No 136/2016 establishes that foreign service providers posting to Italy must:
- Make an advance declaration, setting out specific information regarding the posting of the worker(s), by midnight of the day preceding the start of the posting itself and must notify of any subsequent modifications within 5 days of the change being made
- Penalty if you don’t comply: fine up to € 500 per employee
- Maintain (for inspection) all the documentation-hard or electronic copies in Italian- relating to the employment of the posted worker (contract of employment, or other document containing the information set down in Articles 1 and 2 of Legislative decree No 152/1997), payslips, timesheets, documents that demonstrate the payment of remuneration as well as certification regarding legislation on applicable social security (form A1) and public registration of the establishment of the working relationship (for the entire period of posting and up to two years following its termination).
- Penalty if you don’t comply: fine up to € 3.000 per employee
- Designate a liaison officer domiciled in Italy to liaise with the competent authorities. Failing this, the registered office or company premises of the Italian employer will be considered the liaison office of the foreign posting company (for the entire period of posting and up to two years following its termination).
- Designate a person, not necessarily the same as the one above, who will have the role of legal representative, for the purpose of putting the interested social partners in contact with the service provider for possible collective negotiations; this person does not have to be present at the workplace of the posted worker, but must be available if there is a duly motivated request (for the entire period of posting and up to two years following its termination).
- Penalty if you don’t comply: fine up to € 6.000 per employee
Posted workers currently working, or who have worked in Italy, can enforce their rights administratively or in court.
Unlawful situations can be notified to the local offices of the INL (National Labour Inspectorate) which will activate the necessary monitoring activities.
This document was completed on 25/01/2020 and contains the information available on the Italian Labour Inspectorate website.
Nota: il contenuto di questo articolo è puramente orientativo e generico, se avete un caso concreto vi invitiamo a chiederci una consulenza specialistica