Authorities make broad exemptions to posted worker requirements

What is the change? Italy has exempted intra-corporate transfers, assignees, researchers and self-employed workers from recently implemented requirements on posted workers.

What does the change mean? The change means that a significant number of posted workers will be exempted from the new requirements, which include providing notice of the posting and retaining certain documents. Among those still covered by the rules are service workers posted to Italy (1) under a service agreement between an Italian company and a non-EU company, (2) via the “Van der Elst” route for non-EU workers employed by an EU company, or (3) within the provisions of the services framework of the EU Enforcement Directive on Posted Workers (2014/67/EU).

• Implementation time frame: Ongoing.
• Who is affected: Employers and non-EU nationals posted to Italy as ICTs, assignees, researchers or on a self-employed basis.
• Business impact: The changes will save some employers administrative steps previously required under Italy’s posted worker rules, including providing notification to the Labor Inspectorate before posted workers begin work in Italy and retaining contracts, payslips and timesheets.
• Next steps: The exemptions for ICTs (as defined in the EU Intra-Corporate Transfer Directive (2014/66)) have been implemented. Memoranda implementing the exemptions for self-employed foreign workers, foreign researchers and intra-company assignees (as defined in Article in Article 27 c.1 letter a) of Italian Immigration Law) have not yet been published, but are expected soon.

Background: In 2016, Italy implemented rules requiring foreign companies posting workers to provide notice of postings to Italian authorities. The Ministry of Labour recently posted a statement on its website, however, clarifying that the rules do not apply to the categories of posted workers listed above. Additional information is available on this FAQ page.

BAL Analysis: The changes will make it easier for some employers to post workers to Italy. Some of the exemptions, however, have not yet been implemented. It also remains unclear what responsibility, if any, employers will have to cancel or annul notifications that have already been sent for workers who no longer require a notification. BAL continues to follow these issues. Employers with case-specific questions are urged to contact their BAL professional.

This alert has been provided by the BAL Global Practice group and our network provider located in Italy. For additional information, please contact your BAL attorney.

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