With the Legislative Decree 136/2016 which implements the "Enforcement" Directive (2014/67/UE) Italy strengthens the rights and protections afforded to workers posted between Member States and elsewhere relating to their terms of employment, remuneration and working conditions.
The new legislation must be complied with by Member States, non-EU countries, third world countries and also leasing agencies, in relation to the transfer of all personnel between countries.
Since December 26 2016 it has been mandatory for all foreign businesses to provide advance notification of a worker's posting to Italy. The procedures required to notify a worker are clearly set out in the Ministerial Order dated August 10 2016 and in Circular n.3/2016 which provides guidance on the completion of the notification form and includes the provisional procedures provided for the cabotage in the transportion and haulage sector.
The notification must be transmitted electronically via the UNI_DISTACCO_UE model before midnight of the day prior to the beginning of the posting period. Any further change is to be notified via the same procedure within five days of the beginning of any change.
Once the electronic UNI_DISTACCO_UE model has been completed, it will contain information concerning the service provider, the posted workers, the new employer of the posted worker, along with the duration and the location of the posting.
With regard to the international road transport sector, the circular provides that those international road transport services that merely imply the transition in the Italian territory without any loading/unloading of goods or embarkation/disembarkation of passengers are not to be considered as a transnational posting.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.