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How do the new rules affect posted workers in Italy?

Written by
Toffoletto de Luca Tamajo, working in employment law since 1925.
Authors
Valeria Morosini
Valeria Morosini
Partner - Italy
Toffoletto De Luca Tamajo
Italy
09.02.21
3
How has the Act affected posted workers living and working in Italy? This article discusses some of the key questions for employers.
Core terms and conditions of employment

The list of terms and conditions of employment has been extended to include the following items – A reference to remuneration has replaced the one to minimum wage.A reference to annual paid leave has replaced the one to holidays. Adequate accommodation for posted employees, if the hosting employer provides for accommodation for employees posted away from their usual place of work.Travel allowances or reimbursements: this item includes travel, board, and lodging expenses incurred by posted employees in Italy, both if they are required to go to their usual place of work or in the event that they are temporarily posted to a different location compared to the usual one in Italy or abroad.

The provisions of the company collective bargaining agreements no longer apply to posted employees.

 

Allowances and expenses

Allowances specific to the posting are considered to be part of remuneration, provided that they are not paid to reimburse expenses actually incurred. If it is not possible to determine the nature of the allowance, it is presumed to be paid as a reimbursement of expenses.



Long-term posting rules

After 12 months, posted workers are entitled to all mandatory Italian terms and conditions of employment set out by the law and by national and local collective bargaining agreements, with the following exceptions:

conclusion and termination of employment contracts;non-compete covenants;integrative social security.The 12-month period may be extended to 18 months upon notification with reasons to the Ministry of Labour.

Calculating time periods

If another posted worker performs the same task at the same place, the cumulative duration of the two postings periods will be considered for calculating the 12-month period.



Temporary work agency rules

The scope of application of rules on posted employees has been extended to the following two cases:If a temporary placement agency in a member state other than Italy posts one or more workers to a user company with premises in the same member state or in another member state which is not Italy and they are then sent to carry out work in the framework of a transnational provision of services to a company in Italy, then the temporary agency will be considered to be the posting company. The Italian user company must inform the temporary placement agency of the terms and conditions of employment that apply to the posted workers.  

Before sending the workers to Italy, the user company must communicate to the temporary placement agency the information required to make the preventive posting communication to the Italian authorities. 

If a temporary placement agency in a member state other than Italy posts one or more workers to a user company in Italy who are then sent by the latter to work, in the framework of a transnational provision of services, in another member state different from the one where the temporary agency is, the workers are considered to be posted by the temporary placement agency. The Italian user company must inform the temporary placement agency that it has sent the workers to another company.