Italy Alert – Clarifications to Posted Workers

As previously reported, regulations were published last year specifying the requirements to maintain documentation and obligations concerning working conditions and rules concerning remuneration of posted workers.

The Ministry of Labour has since clarified the provisions and obligations of decree No 136, 2016, in which do not apply to the following:

  • Foreign ICT managers, specialists, trainees, on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer
  • Self-employed foreign workers
  • Foreign researchers
  • Intra company assignees – managers, highly skilled (as noted in Article 27 c.1 letter a)

A memorandum has yet to be released regarding the exemption of foreign researches and intra-company assignees – managers, highly skilled.

Posted workers that are still under regulation of Decree No 136, 2016 are the following:

  • Service agreement assignments between the Italian entity and a non-EU entity;
  • Van der Elst assignments in which non-EU employees work for an EU company;
  • Workers as per the provisions set forth in the EU Posted Workers Directive (2014/67)

Please note that this is general information only and not intended as advice on a specific matter. Please feel free to contact Fakhoury Global Immigration directly with questions exclusive to your situation.