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;
- 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.