Labor authorities increase scrutiny of posted workers

IMPACT – MEDIUM

What is the change? Italy’s Labour Inspectorate is increasing scrutiny of posted workers by stepping up investigations and workplace inspections.

What does the change mean? Employers should prepare for the possibility of an inspection and make sure that they have completed all notification procedures for posted workers.

• Implementation time frame: Immediate and ongoing.
• Who is affected: All posted workers regardless of nationality; companies sending workers to Italy and local entities hosting posted workers.
• Business impact: Companies are encouraged to conduct internal audits to verify that they are completing notification requirements on time and retaining records for at least two years after the end of workers’ assignments.

Background: Italy implemented rules for posted workers last year to comply with the EU Directive on Posted Workers. Among the requirements, companies posting workers to Italy must notify the Labour Inspectorate no later than midnight of the day before the posting and notify authorities within five days of any changes in conditions. A list of exempt categories of workers was announced in March.

BAL Analysis: Companies should review their notification procedures and make sure that they are in compliance for all assignees regardless of nationality. In addition to increasing workplace inspections, labor authorities will use data-sharing with the new internal market information system and will especially scrutinize companies that repeatedly fail to file notifications on time and that rotate the same foreign worker to fill a position in Italy.

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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