Starting from 26/12/2016, non-Italian services providers posting workers to Italy or providing cabotage operations in Italy must apply to new rules.
Who is concerned?
- EU and non-EU companies posting workers to Italy
- Temporary work agencies posting workers to Italy
- Hauliers making freight/passengers cabotage operations in Italy
Who is NOT concerned?
- Hauliers transiting in Italy
- Transport operations with destination or origin in Italy (at least for now)
What information do we need?
To set-up the company’s administrative file, the posting company must send us:
- Copy of the signed contract
- Owner’s ID card copy
- Trade register extract
Prior to EACH cabotage operation or posting of workers, the company must send us:
- All the information requested in the advanced communication form (click here) and (click here) You must provide the information at the latest 48h before the first day of the posting.
- when you are already registered to cliclavoro.gov.it website. we will send declarations on your behalf (we need you to empower us). Otherwise, we will create your account and send declarations to the Italian ministry on your behalf.
- Posting certificates have a maximum validity of 3 months from the date of issuing.
How to change information considered as “essential” in an advanced communication of posting?
If essential information needs to be changed, the company must send us the new data at the latest 48h before the first day of the posting.
- Essential details are:
o Posting company’s identification code and State of establishment
o Hosting company’s identification code
o Worker’s identification code, State of birth and nationality
How to change “not essential” information?
- If any other “not essential” detail needs to be changed, the company must send us the new data so that we can send the correct declaration before midnight of the fifth day following the date of the occurrence that changed the posting.
- “Not essential” details are:
o Date of beginning, end or length of the posting
o Place of work
o Type of service (ATECO code)
o In case of temporary employment agencies, authorization measure which allows the agency to pursue her business (if provided by the State of establishment legislation)
Obligations for the posting companies:
- Send information for advanced communications to us at the latest 48h before the first day of the operation.
- Keep a copy of the posting declaration, A1, working contract and payrolls translated into Italian available in the truck. No need for sworn translation.
- Store any document attesting salary, working, insurance and posting information translated into Italian for 2 years after the posting or cabotage and send them to us when requested and respecting the deadline given by us. This is the deadline corresponding to the one fixed by the Italian authorities when a control is done.
- The company is responsible for complying with the Italian working and salary conditions for the drivers posted/doing cabotage operations in Italy (check the monthly/daily/hour salary table attached for information):