With a recent Law (Legislative Decree no. 72 of February 25, 2000) Italy implemented the Directive 96/71/EC of 16 December 1996 concerning the posting of workers in the framework of the provision of services. A brief summary of this Decree is set out below.
Art. 1 states that the Decree shall apply to undertakings established in a Member State of the European Union other than Italy which, in the framework of the transnational provision of services, post workers to Italy.
Art. 2 states that for the purposes of the Decree, a posted worker means a worker who, for a limited period, carries out his work in Italy and not in the State in which he normally works. The second paragraph of Art. 2 further clarifies that this limited period must be either determined or determinable from the beginning of the posting by means of reference to a future and certain event.
Art. 3 requires that workers who are posted in Italy must be guaranteed the same terms and conditions of employment as those laid down by law, regulation or administrative provision and collective agreements in the place where the work is carried out. This means that the employment relationship of the workers who are posted to Italy is fully ruled by Italian employment statutory laws.
According to Art. 6, in order to enforce the right to the same terms and conditions of employment guaranteed in Art. 3, judicial proceedings may be filed either in Italy or in a State with whom an international convention on jurisdiction on employment relationships exists.
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.
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