TradeCube assists Italian companies posting workers abroad, but we also know that may foreign employers send their personnel on temporary assignments to Italy. And as we explain in this article, with the link provided, Italian red tape can be complicated. The series of regulations set out in Legislative Decree 136/2016, implementing the relevant EU directives, is one of the most complex in Europe:
Posting Workers – Regulations require the appointment of two people
“…a person with representative powers to liaise with the relevant parties interested in promoting level 2 collective negotiation with the obligation to be available as and when justifiably requested by the parties” art. 10 paragraph 4
“ …a person with chosen domicile in Italy appointed to send and receive official documents” art. 10 paragraph 3 subsection. b)
Legislative Decree 136/2016
Note that, except in special cases, it is not advisable for the official documents concerning the foreign employer to be received by the headquarters of the Italian client, for obvious reasons of confidentiality.
Where are these two appointees physically located?
Regarding the representative there can be no doubt: he/she should be in Italy only when strictly needed. Clearly, a person entitled to act on behalf of the employer cannot be everywhere the employer sends workers.
However, for the referee, the wording “with chosen domicile in Italy” is open to interpretation.
The regulations require a set of documents to be kept on file
The following documents, translated into Italian, must be kept on file for two years:
- The employment contract
- Payslips and proof of payment
- A detailed timesheet
- Public notification of commencement of employment or an equivalent document
- The A1 certificate
Where should the documents be kept?
The regulations do not specify this but the Inspectorate notes suggest that they should be available in the event of an inspection. Hence, should the documents be on site? Or in the possession of the person with chosen domicile in Italy, who could be miles away from the site?
What is the public notification of commencement of employment?
For us Italians it is clear: it is the Unilav/Cob form. For most foreign employers no such document exists. Indeed, the employment contract, signed by both parties, is the proof of lawful employment and specifies the related employment conditions. So how can the employer submit a document that does not exist? And what “equivalent documents” are deemed valid? Given the applicability of a fine of 2,000 to 6,000 euros.
(Almost) all these questions will be answered in the next issue. Carry on following TradeCube!!
