Posting workers to Italy: notification of posting and legal obligations

The posting of workers within the European Union, including Italy, is regulated by a number of European and Italian regulations that seek to ensure fair labour rights and prevent abuses. Here you will find an overview of the key points to consider when posting workers to Italy.

Regulatory framework: European directives and Italian law

Companies must comply with Directives 96/71/EC, 2014/67/EU and 2018/957/EU. In Italy, these regulations have been implemented through Legislative Decree 122/2020 and Legislative Decree 136/2016, which stipulate that the working conditions of the host country will prevail if they are more favourable to the posted worker.

Preliminary obligations and immigration requirements

Prior to posting, companies must:

• submit a detailed communication of posting, including dates, place of work, number of employees, and activity to be performed, within 00:00 of the day before the start of the posting;

• appoint a representative domiciled in Italy to act as a liaison with the labour authorities;

• notify any changes within five days thereafter.

For non-EU workers, the work permit must be arranged depending on the activity they will perform, such as in cases of subcontracting.

Working conditions and wages

Italy does not have a national minimum wage, but posted workers must be paid according to the Collective Agreement of the relevant sector (CCNL – Contratto Collettivo Nazionale del Lavoro). In addition, Italian regulations apply regarding working hours, rest, holidays and overtime payments.

Mandatory documentation

During the secondment, companies must keep and present, in case of inspection:

• employment contracts

• pay slips

• time sheets

• social security certificates (such as Certificate A1).

This documentation must be kept available during the secondment and for at least two years after its completion and must be translated into Italian if issued in another language.

Penalties for non-compliance

Failure to comply with these regulations can lead to significant fines, such as:

• up to €600 per worker for failure to submit the communication of posting

• between €600 and €3,600 per worker for lack of documentation

• between €2,400 and €7,200 for failure to appoint a representative domiciled in Italy

Final considerations

Properly planning the posting of workers to Italy not only ensures legal compliance, but also the protection of labour rights. It is essential to familiarise yourself with the applicable regulations and, in case of doubt, seek specialist advice.

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The content of this article is intended to provide general guidance on the subject. It is essential to seek specialist advice to address your specific situation.