If you are a worker employed by an employer in another EU Member State and are posted temporarily to a recipient organisation established in Italy in the framework of the provision of services, you have the right to at least the minimum working and employment conditions enjoyed by workers performing similar jobs in Italy, as laid down by the legislative provisions and collective labour agreements, with reference to the following:
- maximum work periods and minimum rest periods;
- minimum duration of annual paid holidays;
- minimum rates of pay, including increased rates for overtime;
- health, safety and hygiene at work (as governed by Legislative Decree No 81/2008 – the Consolidated Safety Law);
- protection of working and employment conditions for pregnant women or women who have recently given birth, children and young people (as governed by Legislative Decree No 151/2001 and Law No 977 of 17 October 1967);
- equality of treatment between men and women, and other provisions on non-discrimination (laid down in Legislative Decree No 198/2006);
If you are a worker supplied by a temporary employment agency, you are entitled, for the entire duration of the assignment at the user organisation, to financial and regulatory conditions that are on the whole not lower than those granted to employees of the user organisation of the same level performing the same job. The user organisation is jointly and severally liable with the supplier organisation for paying your wages and the corresponding social security contributions, notwithstanding the right of complaint against the supplier organisation (Article 35, Legislative Decree No 81/2015).
Relevant legislation
- Legislative Decree No 136 of 17 July 2016 – Implementation of Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’);
- Ministerial Decree of 10 August 2016 – Prior notice of cross-border posting;
- Legislative Decree No 151 of 26 March 2001 – Consolidated text of the legislative provisions on the protection and support of maternity and paternity, in accordance with Article 15 of Law No 53 of 8 March 2000;
- Law No 977 of 17 October 1967 – Protection of children and young people at work;
- Legislative Decree No 66 of 8 April 2003 – Implementation of Directives 93/104/EC and 2000/34/EC concerning certain aspects of the organisation of working time;
- Constitution of the Italian Republic – Article 36 – on remuneration;
- Legislative Decree No 81 of 15 June 2015 – Rules governing employment contracts and review of the legislation on jobs, in accordance with Article 1(7) of Law No 183 of 10 December 2014;
- Consolidated Law on Health and Safety at Work (Legislative Decree No 81 of 9 April 2008) – Consolidated law on health and safety at work;
- Legislative Decree No 198 of 11 April 2006 – Equal Opportunities Code, in accordance with Article 6 of Law No 24 of 28 November 2005
Links to national websites where the terms and conditions for the posting of workers are illustrated.