Italy is an attractive destination for many international companies (especially Spanish ones) that send workers to the country to carry out international projects, provide cross-border services to local clients or coordinate operations between different entities of the same corporate group in Italy.

In this respect, the intra-EU mobility of workers is one of the main tools for driving business activity throughout the European Union. However, the EU legal framework governing intra-Community postings of personnel is becoming increasingly demanding, and each country has transposed the European posted workers rules into its own domestic legal system.

In Italy, Legislative Decree 122/2020 (D.Lgs 122 del 2020) sets out the rules on posted workers, establishing specific obligations for all European companies wishing to post workers to the country on a temporary basis.

The competent Italian labour authorities have tightened their control mechanisms in recent years, particularly at sites where foreign companies provide services. Therefore, in order to avoid penalties or interruptions to business activity abroad, it is strongly advisable to plan the project in the country correctly, so as to ensure full compliance with the obligations imposed by the Italian posted workers legislation.

Main obligations for companies posting workers to Italy:

Companies that temporarily send workers to Italy must ensure compliance, throughout the entire duration of the stay in the country, with certain employment conditions laid down by Italian law.

Among other obligations, companies will need to review and, where applicable, comply with:

• The minimum wage conditions generally applicable in Italy;
• The collective bargaining agreements that may apply depending on the activity to be carried out in the country;
• The obligations relating to working time and rest periods;
• The conditions relating to holidays, equal treatment and occupational risk prevention;
• The administrative formalities and mandatory notifications to the designated labour authorities;

However, a preliminary analysis of the posting project in Italy is particularly relevant, as it makes it possible to determine precisely the activity that the workers will carry out in the country and to assess the possible application of specific exemptions from the general obligations set out in the Italian posted workers legislation.

Specific requirements by business sector

Where the activity carried out by the foreign company in Italy falls within one of the sectors subject to additional obligations – such as, for example, the construction sector – a detailed analysis of the specific circumstances of the project will be required in order to determine whether the specific rules laid down for those sectors apply.

A preliminary analysis will make it possible to assess whether the company is required to comply with the corresponding sector-specific obligations, which, in certain cases, may entail significant operational and logistical requirements. It is therefore advisable to carry out strategic planning before posting the workers, in order to ensure full regulatory compliance and avoid penalties from the competent authorities.

Are you planning to post workers to Italy? How we can support you

At Feliu N&I we support national and international companies in the planning and end-to-end management of temporary postings of workers within the European Union.

We also have experience in providing strategic advice to construction sector companies wishing to provide professional services in Italy on a temporary basis, and we work with Italian partners who are experts in the direct handling of any procedure relating to the posting of foreign workers to Italy.

Our multidisciplinary team, specialised in international mobility, corporate immigration and international employment law, advises companies at every stage of the process:

• Preliminary feasibility analysis;
• Review of the employment obligations applicable in Italy;
• Immigration planning;
• Document preparation and administrative compliance;
• Analysis of collective bargaining agreements;
• Assessment of tax and social security risks;

We also continuously monitor legislative developments and regulatory changes affecting the international mobility of workers, enabling companies to operate with greater legal certainty and to minimise risks while carrying out international projects.

For further information on temporary postings of workers to Italy and posted workers obligations, our team remains at your disposal.

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