Italian Legislative Decree no. 136/2016 (the “Decree“), implementing the European Directive 2014/67/EU, regulates transnational posting of workers as part of service provision.
Article 10 of the Decree places several administrative obligations on the foreign company (“the Posting Company“) that intends to post one or more workers to a company based in Italy (“the Host Company“).
The legislation provides for three different types of posting:
Whenever one of the above cases occurs, the Posting Company is required to:
Art. 1, paragraph 1, letter d), of Legislative Decree. 122/2020, transposing EU Directive 2018/957, introduced into the Decree art. 4-bis, having as its object “long-term posting.” It states that “if the posting duration exceeds 12 months, working and employment conditions provided for in Italy by regulatory provisions and national and local collective agreements entered into by workers’ and employers’ organisations that are comparatively more representative at national level shall apply to the posted workers if more favourable […], except for those concerning:
If one or more posted workers performing the same tasks in the same place are replaced, the duration of the posting, to calculate the period referred to in paragraph 1, shall be determined by total work periods performed by the individual workers. Identifying duties performed in the same place is assessed based on the nature of the service provided, work performed and job location.”
Compulsory communication – UNI_Distacco_UE Form
The UNI-Distacco_UE form is made up of several sections in which the following data must be reported:
The Ministry of Labour and Social Policies, implementing the changes introduced by Legislative Decree no. 122/2020, on 6 August 2021, published its Decree no. 170. This sets new standards and rules for the electronic transmission of communications from service providers to the Ministry for workers under long-term posting in Italy.
In addition to confirming the need to enter the data listed above, the decree introduces two new sections in the UNI_Distacco_UE mandatory communication.
The renewed UNI_Distacco_UE form will be operational on the institutional website of the Ministry of Labour and Social Policies once the Ministerial Decree in question is registered by the Court of Auditors and subsequently published.