ITALY - new law on the posting of workers as of 23 July 2016 - UPDATE

The Italian Ministry of Labour published the application circular (attached) bringing details on the application of the law to road transport operations (both passenger and freight).

Based on the advise from the Italian Association ANAV here is the summary of the most important facts:

- For the moment the law only applies to cabotage operations

- Cabotage operations must be pre-declared to Cabotaggio.DistaccoUE@lavoro.gov.it using the attached form (available only in Italian) 24h before the first cabotage operations. Τhe Italian authorities have introduced new electronic registration procedure to register cabotage operations in Italy as of 7 March 2017. All previous registrations via the dedicated e-mail box remain valid. 

You will find the webpage under the link below (please click on "Discover" and then scroll down to Compulsory Communication and choose "Start the procedure for cabotage operations")

http://www.distaccoue.lavoro.gov.it/Pages/Home.aspx?lang=eng

- Transit is explicitely excluded from the scope, other types of transport (such as international operations) currently on hold pending further clarifications

- All questions concerning the matter should be addressed to the Italian Ministry of Labour (distaccoUE@lavoro.gov.it)

- dedicated webpage can be found under http://www.distaccoue.lavoro.gov.it/Pages/Home.aspx?lang=eng

Details of the ministerial circular:

As regards the scope for the transport sector, the circular states that international transport services which involve simple transit through Italian territory or a transit operation which does not give rise to any activity of loading and unloading passengers and goods, are not subject to the application of the law on posting.

The Ministry states that, pending clarification at European level regarding other types of international services excluded from the scope of the European posting directive, are excluded from the obligation to communicate services of origin or destination to Italy which do not constitute cabotage operations and do not involve any transnational use of workers.

In the website http://www.distaccoue.lavoro.gov.it/Pages/Home.aspx?lang=eng you will find the information in English on conditions of employment, obligations for companies, mandatory communications.

As far as cabotage is concerned, pending a specific model, the sending foreign company must send a preliminary declaration to the following address: Cabotaggio.DistaccoUE@lavoro.gov.it using the model in Annex 1. In this model it is necessary to indicate the date of the first cabotage operation carried out on Italian territory and the date of the last cabotage operation carried out on departure from Italian territory. The model must be sent within 24 hours of the day before the first operation.

In all other cases, the procedure is as indicated in the Ministerial Decree of 10 August 2016 and Circular Letter n. 3/2016.

From the 26th of December next, the foreign enterprise which detaches workers must send the communication of the workers whom it wishes to employ in Italy. From this date, foreign companies will also have to communicate the secondments made after 22 July 2016. This communication must be made by 26 January 2017, as indicated in the paragraph "Comunicazione preventiva posticipata" of Circular 3/2016 , Only if the detachments are still in progress by this date. Excludes postings made after July 22, 2016 but concluded before January 26, 2017 and those made before July 22, 2016.

Please note that if you have any questions regarding the new provisions, you may contact the Ministry at distaccoUE@lavoro.gov.it.

Source of information: IRU