The EU has decided to monitor the specification of Labour to include assignees detached to Italy.

The Law came into force on 22nd July (Legislative Decree n.136/2016) will affect Corporate Clients having offices in Italy and in other EU Countries.

The new regulations in execution of the EU Directive 67/2014 are applicable:

• to existing EU Companies located in a EU State Member which detach their employees in Italy (European or Non EU citizens)
• to existing non EU Companies located in a EU State Member which detach their employees in Italy (European or Non EU citizens)
• to existing non EU Companies located in a third State (Non EU State member)

The above mentioned entities starting from 1st January 2017 have:

to register their Company on the website of the Ministry of Labour 24 hours before the start of the assignment in Italy (if the assignee is a EU citizen the registration of the Detaching Company will be done 24 hours before the submission of the residence registration in Italy; if the assignee is an extra-EU citizen the company registration must be done 24 hours before the signature of the “contratto di soggiorno”
the registration of the Company must be done in the name of a person appointed in Italy (that practically speaking corresponds to the legal representative of the Host Company or, differently, can be an accountant, a financial Lawyer or a company of accountancy services in Italy) who will communicate to the Ministry of Labour every information related to the detachment of the worker (start date, salary, welfare contributions, work permit extension etc)
every change related to the detachment (e.g. change of the role of the assignee, transfer of the person to another office of the same Company etc.) must be communicated to the Ministry of Labour within 5 days before the change takes place
the above listed Companies who don’t apply the new requirements of the Ministry of Labour will be heavily fined
the requirements related to the Company registration have been again explained by the Government in a Decree published on 10 August 2016 but in force by October 27 2016, that make applicable the new obligations for the Detaching Company starting from 1st January 2017 through the form UNI_DISTACCO_EU (to be filled by the detaching/home Company) which will be available on the website of the Ministry of Labour from 26th December 2017.

Avv. Rosa Chiara De Luca