Management of national and trans-national postings

The obligations required in the case of posting an employee abroad depend on the different conditions of the posting, indeed, it is necessary to distinguish between (i) posting within the EU, to EU Member States, and (ii) posting to non-EU countries.

In the first case, the employer who decides to post a worker to an EU Member State must perform the following obligations:

• in consultation with the posting company, arrange for the preparation and signing of an Intercompany Agreement to regulate the employment relationship between the parties during the posting period.
• notify the posted worker in writing of all the terms and conditions of the employment relationship during the posting period (e.g. reasons for posting, place of work, duration, terms of posting, etc.).
• request the ‘A1 Model’ form from INPS, which allows INPS to check whether the worker has an active contributory position, provides information on the duration of the posting, the personal data of the posting company, the seconding company, and the posted worker, as well as certain data to ascertain the economic size of the posting company in the territory where the form is issued
• submit the DA1 notice to INAIL, which, in the event of an accident, enables the injured worker to immediately receive the health services he or she needs in the State where he or she is posted and to speed up the procedures for recognizing any health costs incurred.

In the case of posting to non-EU countries, it will be necessary to verify on a case-by-case basis what the destination country’s regulations provide in terms of requirements and contribution payments under the existing bilateral agreement with Italy, if any, as well as whether there are any limits imposed by immigration regulations.

A foreign company posting an employee to Italy must fulfill the following obligations:

• deliver to the posted workers the documentation relating to the employment relationship;
• a copy of social security certificate ‘form A1’ and equivalent documentation;
• submit a prior communication through the cliclavoro.gov.it portal within 24 hours from the start date of the posting.

Moreover, for the period of the posting and up to two years following its termination, the seconding party is obliged to:

• retain the Italian version of the employment contract, the pay slips, the slips indicating the start, end, and duration of the daily working hours, the documentation proving the payment of wages, the public notice of the establishment of the employment relationship and the certificate relating to the applicable safety regulations;
• designate a contact person electively domiciled in Italy to send and receive deeds and documents.
• designate a contact person with powers of representation to liaise with the social partners concerned in promoting second-level collective bargaining, with the obligation to make himself or herself available in the event of a reasoned request by the social partners of the employment relationship during the posting period.