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CONVINUS Global Mobility Insights NEWSLETTER Herbst / Fall 2023

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Global Mobility Insights - Herbst / Fall 2023 Workers to Italy: HR Guide Posting Author: Martina De Santis, ECA Italia How to navigate Immigration, Tax, and Social Security Aspects when assign EU and Non-EU Workers to Italy. The assignment of foreign workers to Italy is a complex process that requires accurate planning and compliance with immigration, tax, and social security regulations. Understanding and adhering to these regulations is crucial when posting workers to Italy. Compliance with the law is essential to avoid legal consequences. Assignment of EU and Swiss citizens to Italy When foreign undertakings... 1. ...post workers to a Member State's territory under their control. 2. ...post workers to an establishment owned by their group in a Member State. 3. ...act as a temporary employment agency, supplying workers to a user undertaking in a Member State, ...they fall under the legislation governing the posting of workers to Italy. Legislative Decree No. 136/2016 implement the Directive 2014/67/EU. The key Requirements for Posting Workers to Italy are: 1. Prior notification obligation: Foreign employers must notify the Italian Ministry of Labour by midnight the day before the assignment begins. The notification must be submitted online via "UNI_DISTACCO_UE" before the posting starts, including specific information about the posting; 2. Liaison person(s) designation: Foreign companies must designate a liaison officer in Italy for official document exchange and a representative for collective negotiations; 3. Document safekeeping: All relevant assignment documentation (A1, employment contract, payslips, etc.) must be retained for the entire secondment period and up to two years afterwards. These documents must be translated into Italian and provided to Italian authorities upon request. 50 convinus.com

Global Mobility Insights - Herbst / Fall 2023 EU Directive 2018/957, transposed with Legislative Decree No. 122 of September 15th, 2020, extends guarantees on working conditions for posted workers, ensuring they receive terms and conditions set by local laws or collective bargaining if more favourable. This includes matters like work hours, leave, remuneration (“equal pay for equal work”), and health and safety. As introduced by Directive 957/2018, for postings exceeding 12 months (or 18 months with a reasoned request), all local employment conditions apply. Certain exemptions from the notification obligation may apply in the following cases: Certain assembly or installation work, essential for start-up and performed by skilled workers, is exempt. Posting workers for conferences, meetings, events, etc., is not considered a posting under this framework. Traineeships under international programs follow Decree 136/2016 if paid. Non-compliance with notification obligations, liaison officer, or representative obligations can result in fines ranging from €180 to €7,200. Failure to retain documents may result in fines from €600 to €3,600 per worker. Violating statutory posting rules can lead to fines of €50 per worker per day worked, with a minimum of €5,000 and a maximum of €50,000. Fines cannot exceed €180,000. Assignment of non-EU-workers In the globalised business landscape, companies often seek to leverage international talent by seconding employees from outside the European Union (EU) to Italy. While this can bring valuable expertise and diversity to company’s team, it is crucial for HR managers to be well-versed in the intricacies of immigration, taxation, and social security regulations when managing non-EU worker assignments to Italy. Immigration Considerations Before initiating an assignment to Italy, understanding Italy's immigration requirements is a matter of great importance. Non-EU workers must typically obtain a work visa or residence permit to legally work in Italy. Key aspects to consider include: 51 convinus.com

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