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

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.