ITALY | Changes to Posted Workers notification procedure

Decree 170/2021 of August 6, 2021 (*) set out the procedure to motivate the need of posting extension after 12 months as follows:

  • the motivated notification for long-term postings must be communicated to the Ministry of Labour and Social Policies within 5 days of exceeding the 12 months duration of the posting;
  • the posted worker communication is valid as a motivated notification in the event that the duration of more than 12 months is already predetermined at the beginning of the posting.

New postings: The new rules apply to any new posting starting from the date of entry into force of the Decree (expected by the end of August) (**)

Long-term on-going postings: the motivated notification shall be carried out within 30 days from the date of entry into force of the Decree (expected by the end of August) (**) and the 12-month period is calculated starting from July 30th, 2020.

Decree n. 122/2020 set forth that :

  • The maximum period of posting is reduced to 12 months, extendable to 18 months in case of motivated notification to the Ministry of Labour. After 12 months (or 18 months) the posted worker shall be subject, if more favourable, to the work conditions of the host state, including social security rules;
  • When a posted worker is replaced by another worker performing the same tasks at the same place, the 12 months period (or 18 months) shall be calculated adding up the posting period of each worker. Thus, it is not possible to avoid the rule at the previous point just substituting a worker with another one for the same task/location.

(*) Decree 170/2021 defines the standards and rules for the electronic transmission of communications in relation to long-term posted workers in Italy (established by Decree n. 122/2020 pursuant to EU Directive 2018/957)

(**) the Decree is awaiting registration by the Court of Accounts. After registration, the Decree will enter into force from the day following its publication on the institutional website of the Ministry of Labour and Social Policies in the Legal Advertising Section.

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