POSTING OF WORKERS IN ITALY: WHAT ARE THE MAIN OBLIGATIONS OF EU COMPANIES

Legislative Decree 136/2016 implements in Italy Directive 2014/67/EU concerning the posting of workers within the EU in the framework of the provision of services.

The Decree establishes a series of obligations for EU member States’ companies willing to post workers in the Italian territory, including the obligation to inform preemptively (at least one day before kicking off the post in Italy) the Italian Minister of Labor (see article 10 of Legislative Decree 136/2016). Any breach of the obligations set out in article 10 of Legislative Decree 136/2016 entails the application of fines to EU member States’ enterprises: for instance, the breach of the obligation of information mentioned above entails the application of a fine between 150 and 500 Euros per worker.

Posted workers shall be submitted to the terms and conditions of employment that apply in the Member State where the service is to be provided in accordance with Article 3 of Directive 96/71/EC (see article 4 of Legislative Decree 136/2016).

avv. Sondra Faccio