Work permit for non-EU citizens under subcontracting service agreements

In Italy, it is possible to temporarily transfer non-EU workers to perform specific tasks related to international subcontracting agreements through a special type of work permit, as provided for in Article 27, paragraph 1, letter i) of the Consolidated Immigration Act (Legislative Decree 286/1998). This permit falls outside the annual quotas set by the Flows Decree and is therefore not subject to its numerical limits.

Who can apply?

The application may be submitted by Italian companies that have signed a subcontracting agreement with a foreign company, which intends to send its employees to Italy to carry out the contracted service. The workers involved must already be employees of the foreign company prior to the application, with an employment contract lasting at least as long as the secondment period in Italy. Subcontracting chains are allowed, provided they are formally authorized by the main contracting entity.

Application procedure

1. Union notification: Before applying for the work permit (nulla osta), the Italian company must notify the relevant territorial trade unions in the applicable sector.
2. Application for nulla osta: The request must be submitted online via the Ministry of the Interior's portal.

Required documents include:

• Employer’s identification details
• Subcontract agreement and the DUVRI safety document
• Secondment letter signed by the foreign employer and accepted by the workers
• Proof of accommodation for the workers
• Corporate documents of the foreign company

All documents issued abroad must be legalized or apostilled and translated into Italian, either by the Italian Consulate or with a sworn translation in Italy.

After approval

Once the nulla osta is approved, it is sent to the Italian consular office in the worker's home country, where the worker may apply for a visa to enter Italy.

Permit duration and conditions

The permit is valid for the duration of the subcontract, up to a maximum of two years, and it can be extended to a maximum of four years, if justified by the continued duration of the subcontract. During the secondment period, the worker must receive at least the minimum wage set by the relevant Italian national collective agreement (CCNL) applied by the contracting company. The worker will remain employed by the foreign company and continue to receive their salary from it.

Obligations upon arrival in Italy

Within eight days of arrival in Italy, the worker must go to the Immigration Desk (Sportello Unico per l’Immigrazione) to sign the residence contract and begin the process for obtaining a residence permit. After the fingerprinting appointment, the residence permit is usually issued within about a month.

This permit cannot be converted into a regular work permit. The worker is only allowed to perform the authorized activity, and must return to their home country once the secondment period ends.

Advance notification of secondment

The foreign company transferring workers to Italy under Art. 27, letter i) of Legislative Decree 286/98 must comply with the requirements of Legislative Decree 136/2016 regarding posting worker declarations obligations. The posted worker declaration must be sent via the Ministry of Labour’s online platform before midnight on the day before the secondment and the start of work activities in Italy.

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The content of this article aims to provide a general guide on the topic. It is necessary to seek specialist advice regarding your specific situation.