Obligations related to posted worker declarations: record-keeping and notification of changes

The transnational posting of workers in Italy represents a significant opportunity for many European companies, but at the same time it requires a thorough understanding of the Italian regulatory framework and compliance with specific administrative obligations. By implementing the legislation adopted at EU level through Legislative Decree No. 136/2016, the Italian authorities have put in place a structured system of controls and notifications aimed at ensuring the protection of posted workers and fair competition among companies. In this context, the proper management of prior posting declarations, documentation, and any changes to the posting becomes an essential element for operating in compliance with the law.

The first indispensable step for any foreign employer intending to post personnel to Italy is the registration of the company on the official portal integrated into the Ministry of Labour’s Cliclavoro platform. This initial procedure allows the foreign company to be accredited with the Italian authorities by providing its identification details and those of its legal representative. Without this preliminary registration, it is not possible to proceed with subsequent notifications or to lawfully commence work activities in Italy. In practice, this registration constitutes the administrative foundation on which the entire posting control system is built.

Once registration has been completed, the employer is required to notify each individual posting through the so-called Posting Notification. This communication must be submitted by midnight on the day preceding the start of the work activity in Italy and includes detailed information on the company, the posted workers, the duration and place of the assignment, as well as the nature of the duties performed. The notification is not a static requirement: should any significant changes occur—such as an extension of the posting period or a change in the workplace—the company is obliged to promptly inform the competent authorities, generally within five days of the event. Proper management of these communications is essential to demonstrate transparency and to prevent disputes during possible inspections.

Alongside notification obligations, the management of documentation plays a central role. Companies must ensure that, for the entire duration of the posting and also for a period following its conclusion, the main documents relating to the employment relationship are available in Italy. Employment contracts, payslips, working time records, proof of payments, and A1 certificates concerning social security must be produced at the request of the inspection authorities. A frequently underestimated aspect concerns language: the documentation must be accessible in Italian so that it can be easily reviewed by the inspection bodies. This documentary obligation is not merely formal, but represents a concrete guarantee of compliance with the working conditions laid down by Italian legislation.

Compliance with Italian labour law constitutes another key pillar of lawful posting. Posted workers are entitled to minimum conditions equivalent to those applicable to local workers, particularly with regard to remuneration, working hours, rest periods, paid leave, and health and safety protection. The principle of equal treatment requires the employer to adapt work organisation to Italian standards, avoiding practices that could be interpreted as social dumping. In this framework, the proper handling of social security aspects and the validity of A1 certificates are also of strategic importance, especially in the event of cross-checks between Member States.

Another key element is the designation of contact persons within Italian territory. The authorities require foreign companies to appoint a contact person in Italy responsible for receiving official communications and cooperating in the event of inspections. This role should facilitate dialogue with the competent bodies and allow for a prompt response to requests for clarification or additional documentation.

Failure to comply with these obligations may lead to significant consequences. The administrative penalties provided for under Italian law can be particularly burdensome, especially in cases of failure to submit notifications or lack of the required documentation. In more serious situations, the authorities may challenge the legitimacy of the posting, with the risk of suspension of activities or future restrictions on the provision of services in Italy. From a reputational standpoint as well, allegations of violations of workers’ rights can have a lasting negative impact on the company.

For this reason, the posting of workers to Italy should be approached as a structured and well-considered process that goes beyond mere bureaucratic compliance. Careful planning, strict adherence to notification requirements, and rigorous document management not only help to avoid sanctions, but also allow companies to operate in a context of legal certainty. In some cases—particularly for long-term postings or those involving specific professional profiles—it is also advisable to assess aspects related to the possible need to obtain an Italian visa, where required by immigration law, thereby integrating all relevant legal considerations. Only through a comprehensive and consistent approach is it possible to ensure a posting that is compliant with the rules and sustainable over time.

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The content of this article is intended to provide general information on the topic. For doubts or specific cases, it is advisable to seek specialized legal advice tailored to your particular situation.

Article written by Alessia Ajelli, Managing Associate of LCA Studio Legale, Italian lawyer specialized on Italian immigration and citizenship law, and Paolo Grassi, Trainee of LCA Studio Legale.