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ITALY - Labour Authorities Step Up Enforcement of Posted Worker Rules

The Italian Labour Inspectorate (INL) has implemented stricter rules and policies on investigating company compliance with Italy’s rules implementing the European Union (EU) Posted Workers Enforcement Directive.

The INL is increasing efforts to detect companies failing to comply with Italy’s rules on the transnational posting of workers – including failures to file timely posted worker notifications with labour authorities and continually rotating posted workers to fill the same position.

Posted Worker Rules

Under the Posted Workers Directive (96/71/EC) and the Posted Workers Enforcement Directive (2014/67/EU) and Italy’s national laws implementing the Directives, companies sending employees to work in other EU member states are required to guarantee that those workers are receiving the same rights and working conditions as in their home countries.

To monitor compliance, companies are required to ensure that the assignment is a “genuine posting”, file notifications with authorities prior to the start of the assignment, and maintain records of the posting during and after the assignment. Penalties may be levied against companies failing to comply with any aspect of the posted worker rules.

Action Items

  • Companies posting workers to Italy, or hosting posted workers on assignment in Italy, are encouraged to reach out to their immigration specialists if they are unsure of their duties under Italy’s posted worker rules.

This alert was prepared using information provided by Mazzeschi Srl.

DISCLAIMER: The information contained in this immigration alert has been abridged from laws, court decisions, and administrative rulings and should not be construed or relied upon as legal advice. If you have specific questions regarding the applicability of this information, please contact Peregrine © 2021 Peregrine Immigration Management Ltd.