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).
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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