ITALY | Changes to the 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 (October 31st, 2021)

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 (October 31st, 2021) 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 favorable, 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.

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