New rules for Posted Workers

Sep 18, 2020

 

Italy has incorporated Directive 957 /2018 (amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services) into national law with decree n. 122/2020. The decree was published in the Official Gazette on September 15 and will enter into force September 30.

 

The directive’s main aim is to limit social and wage dumping and to strengthen equal treatment between “local” and posted workers, based on the principle that the posting companies are required to guarantee posted workers the same conditions recognized to local workers.

 

Main changes:

  • Increased equality of treatment of the posted workers
  • The rules of the host member state shall apply also to accommodation, travel expenses reimbursement, food and lodging of the posted worker
  • Maximum period of posting reduced from 24 to 12 months, extendable to 18 months. After 12 months the posted worker shall be subject 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.

 

Giuditta Petreni

Giuditta Petreni has over 10 years of experience in assisting companies and business investors with relocation of managers and staff to Italy. Giuditta has extensive experience advising corporate and private clients on a full range of Italian immigration categories. She is fluent in Italian and English.

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