- New Obligations Forthcoming for Foreign Companies Posting Foreign Workers
- February 1, 2017
- Law Firm: Fragomen Del Rey Bernsen Loewy LLP - New York Office
- 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) name(s);
- Assignee(s) date(s) of birth;
- Start/end dates of assignment;
- Sending company details;
- Work location;
- Type of services to be provided;
- Contact information and address of the representative(s) in Italy;
- Work Permit Authorization number, if applicable;
- Host entity; and
- Number of workers in Italian company.
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 formalized the requirement for the seconding company to maintain the following documentation for up to two years after the assignment end date:
- Employment contract;
- Notice of start date;
- End/duration of work;
- Time sheets;
- Proof of salary payments; and
- Certificate of coverage related to the applicable social security legislation.
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.