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ITALY – Posted Worker Notification Not Required for Intra-Company Transfers

Circular no. 1/2017 issued by the Italian National Labour Inspectorate has specified that the obligations introduced by Decree No.136/2016 (see our previous alert) do not apply to intra-company transferees (ICT), foreign researchers or self-employed foreign workers.

Who is affected?

The notification, document and representative obligations set forth in Decree no. 136/2016 implementing the EU Posted Workers Directive (2014/67) no longer apply to the majority of foreign workers posted to Italy.

It is now confirmed that these obligations are only applicable to:

  • Service agreement assignments, i.e. workers posted to Italy to provide services in the framework of a Service agreement between the Italian entity and the entity established outside the EU - Article 27 c.1 letter (i);
  • So-called “Van der Elst assignment”, i.e. workers employed by an EU company posted to Italy to provide services in the framework of a Service agreement between the Italian entity and the EU entity - Article 27 c.1-bis;
  • Workers of any nationality posted to Italy in the framework of the provision of services as per the provisions set forth in the EU Posted Workers Directive (2014/67).

The posted worker notification and other obligations do not apply to:

  • Foreign national intra-company transferees, as per Directive 2014/66/EU on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer;
  • Researchers;
  • Self-employed foreign workers;
  • Intra-company transferees, managers and highly-skilled foreign workers referred to in Article 27 c.1 letter a) of Italian Immigration Law.

Action Items

  • Companies posting foreign national employees to Italy should check with an immigration service provider whether they are required to carry out the notification and other obligations.

This news alert was prepared using information provided by Mazzeschi and LCA Studio Legale.

DISCLAIMER: The information contained in this immigration alert has been abridged from laws, court decisions, and administrative rulings and should not be construed or relied upon as legal advice. If you have specific questions regarding the applicability of this information, please contact Peregrine © 2017 Peregrine Immigration Management Ltd.