If you are an employer established in an EU Member State and wish to post one or more employees temporarily to Italy in the framework of the provision of services, you are required to submit an electronic prior declaration of posting to the site www.distaccoue.lavoro.gov.it, filling in the mandatory notice section of the form UNI_DISTACCO_UE, by midnight on the day before the start of the posting period, and to give notice of all subsequent amendments within 5 days following the event causing the amendment concerned.
To send the electronic form, you must have access to the telematic procedure.
The Ministerial Decree of 10 August 2016 and the associated annexes lay down the operating standards and procedures for forwarding the mandatory notice.
As the posting employer, you are required to:
- retain the following, providing a hard-copy or electronic copy in Italian:
- employment documentation (employment contract or other document containing the information required under Articles 1 and 2 of Legislative Decree No 152/1997)
- pay slips
- statements indicating the start, end and duration of the daily working time
- documentation proving payment of wages or other equivalent document
- certificate relating to the applicable social security legislation (form A1)
- public registration/notification of the establishment of the employment relationship (for the entire period of the posting and up to 2 years afterwards)
- appoint a contact point with an address for service in Italy responsible for sending and receiving documents and instruments; if no such contact is appointed, the head office of the posting undertaking is considered to be the place where the recipient of the services has its legal headquarters or resides (for the entire period of the posting and up to 2 years afterwards);
- appoint a person, not necessarily the same as the contact point mentioned above, to act as legal representative, to liaise with the social partners concerned and the service provider so as to enable potential collective bargaining; that contact person is not required to be present at the place where the seconded working activities are performed, but must be available in the event of a reasoned request (for the entire period of the posting and up to 2 years afterwards);
- provide an electronic declaration of the posting to the Ministry of Employment and Social Policy (Ministero del lavoro e delle politiche sociali), by filling in the form UNI_DISTACCO_UE, accessing the homepage of the application using the link https://servizi.lavoro.gov.it on the site www.distaccoue.lavoro.gov.it; the data contained in the form are made available by the National Labour Inspectorate (Ispettorato nazionale del lavoro – INL), the National Social Welfare Institution (Istituto nazionale di previdenza sociale – INPS) and the Institute for Insurance against Accidents at Work (Istituto nazionale per le assicurazioni e infortuni sul lavoro – INAIL) using the procedures laid down by the Digital Administration Code (Codice per l’amministrazione digitale).
The prior notice of posting must contain the following information:
- a) identification data on the posting undertaking;
- b) number and personal details of the workers being posted;
- c) start and end dates and duration of the posting;
- d) place where the services will be provided;
- e) identification data on the recipient organisation;
- f) type of services;
- g) personal details and address for service of the contact point in Italy responsible for sending and receiving documents and instruments; if this information is not provided, the head office of the posting undertaking is considered to be the place where the recipient of the services has its legal headquarters or resides;
- h) personal details of the contact person appointed, for the entire period of the posting, with powers of representation to liaise with the social partners concerned to promote second-level collective bargaining, with that person being required to be available in the event of a reasoned request from the social partners;
- i) number of the measure authorising performance of supply activities in the case of cross-border supply where authorisation is required by the legislation in the country of establishment.
Links to national websites where the terms and conditions for the posting of workers are illustrated.
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