In addition to the provisions concerning the equality of treatment of the posted workers, the EU Guideline number 957/2018, replaces the mention of the "minimum wage rates", with the widest one "compensation", to be seen as the whole of its constitutive elements, provided for by legislative regulatory and administrative measures, and by the collective wage agreements contracts. The Guideline, actually, widens the topics subject to the application of the Laws in force in the hosting Member State (lodging, compensation or reimbursement of travel costs, food and accommodation in the case of transfer requested by the posting Company).
Furthermore, the Guideline introduces the concept of "remuneration transparency", obliging each Member State to publish on the Institutional web-site all the elements included in the retribution, as well as all the working and employment conditions the posted worker is subject to, based on the laws, the rules or the collective agreements in force in the posting State. Particularly interesting is the fact that the Guideline, transposed in Italy by the Law Decree n.122/2020, reduces the maximum period of posting from 24 to 12 months. After the 12 months period (extendable to 18 months by a reasoned notification from the service provider) the posted worker will be subject to the employment and working conditions required by the hosting Member State except for the procedures, the formalities and the conditions applied for the conclusion and cessation of the contract, the non-competition clauses and the supplementary pension scheme per category.
In particular, after 12 months, the posted worker will be subject to the directive concerning the social security contribution in force in the posting Member State.
Whenever the posted worker will be substituted by a different worker, the period (12 or 18 months) will be estimated by summing up the posting periods of each worker.
In concrete terms, the Decree of implementation added some amendments to the existing rules of the Trans-national workers posting in the sector of provision of services, contained in the Law Decree n. 136/2016, an innovation officially adopted on September 30, 2020.
The main updates concern:
- The widening of the warranties related to the wage levels, to the compensations, and to the lodgement conditions for the posted workers who were almost totally equated to the conditions reserved to the employer of the posting Company (as in the principle of the lex loci laboris).
- The discipline concerning the workers posting is also extended to the temporary employment agencies that will have to post a worker to a Company that will be located in a Member State or will have to have a productive unit in a Member State.
- The finding of a long - stay posting (longer than 12 months, eventually up to 18 months in case of motivate reasons and special conditions) when lasting beyond the mentioned limits of time, will give the posted workers rights and work conditions almost equal to those granted to the employers working in our Country.
In addition to this,in case of Trans-national employment service, some specific information obligations have been introduced.
- The user undertaking, headquartered in Italy, must inform the workers posting agencyabout the working and employment conditions that will be granted.
- In the case that the worker will be posted (in the context of a Trans-national supply of services, different from the case of temporary work) at another Firm, the user Firm, headquartered in Italy must inform without delay the agency about the posting of the worker.
- Whenever the user Firm posts workers to Italy, it will have to send a prior written notice to the temporary work agency- to allow the same agency to respect the obligation to notify the Ministry of Labor and Social Security-all the required information: number and personal details of the involved workers; the date of start and end of the Trans-national service supply; the place of posting; the type of services to be supplied.