On or after December 26, 2016, according to a policy change, EU and non-EU employers seconding employees to Italy will be required to submit an online notification through the Labour and Social Policy portal, report any updates to their employees’ information within five days of the change, maintain employee documentation for up to two years after the assignment end date and appoint a company representative.
Online Notification Process
Employers seconding employees must create an online account and submit the following information by midnight of the day before the assignment start date:
Assignee(s) date(s) of birth;
Start/end dates of assignment;
Sending company details;
Type of services to be provided;
Contact information and address of the representative(s) in Italy;
Work Permit Authorisation number, if applicable;
Host entity; and
Number of workers in the Italian company.
The information will be reported to the Labour Inspectorate, National Social Security Agency and National Workers Compensation Authority.
Employers must report any subsequent amendments to the original secondment conditions through the same system within five days of the change.
Document Maintenance and Legal Representative Obligations
The new policy has also formalised the requirement for the seconding company to maintain the following documentation for up to two years after the assignment end date:
Notice of start date;
End/duration of work;
Proof of salary payments; and
Certificate of coverage related to the applicable social security legislation.
Lastly, the sending company must appoint a representative to receive and send official documents for up to two years after the assignment end date. Alternatively, the host company can act as the sending entity’s representative. A representative must be also be appointed to liaise with trade unions and local labour authorities during labour negotiations. This can be the same representative as above or a different one.
What This Means for Employers and Foreign Nationals
Employers should work with their immigration professional to ensure they comply with the new regulations by December 26. Some of these new processes may result in fees.