semplificazione distacco transnazionale
EU posting|19 January 2024|

Italy: Postings of workers simplified

The Italian National Labour Inspectorate has announced a simplification initiative aimed at reducing the administrative burden for service providers involved in posting of personnel to Italy. 

In response to the request of the Department for European Policies – Office for the Internal Market Competitiveness and General Affairs – the National Labour Inspectorate with note no. 2401 of 20 December 2023 provides important clarifications on the obligations provided for in Article 10, paragraph 3, letters a) and b), of Legislative Decree no. 136/2016, during the period of posting and up to two years after its termination.  

This offers a significant benefit to companies, easing the administrative burden for foreign service providers and allowing greater flexibility in the management of personnel posted in Italy. In fact, the facilitations concern: 

  1. Keeping Documentation in Italian Language (Article 10, paragraph 3, letter a) of Legislative Decree 136/2016): during the posting period, posting companies must keep essential documentation, including the employment contract, in Italian. The new INL communication allows the documentation to be made available upon request of the supervisory bodies, without the need to keep it physically on site for the entire posting period.
  2. Designation of a Referent in Italy (Article 10(3)(b) Legislative Decree 136/2016): companies must designate a referent electively domiciled in Italy in charge of sending and receiving acts and documents. The referent is not obliged to be physically present in Italy, its domiciliation in Italy being sufficient.
Valentina Bilotta
Valentina BilottaPartner - Head of Immigration Department

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