Art. 10 of the law Decree n. 136/2016 states the posting foreign company must fulfil the following rules:
- Communicate the prior posting statement of the workers employed in Italy within 24 hours before the starting of the posting and to communicate eventual subsequent amendments within 5 days after the amendment started, as stated in the specific Ministerial Decree of October 27th, 2016 and annexes.
- Preserve electronic or hard copy of the document in Italian language, the documents concerning the work matter (labor contract or any other document reporting the information as specified in articles 1 and 2, Law Decree number. 152/1997), the salary statements, the statements reporting the start, the end and the duration of aily working time, the documents reporting the effective payment of due retributions or any other corresponding document, and the certification concerning the governing laws of social security (ab A1) plus the statement of public communication logging of the agreement of the employment relationship (for the duration of the posting and for two years after the termination of the employment relationship).
- Appoint a contact person electively domiciled in Italy, who will be encharged of receiving and forwarding documents and statements. In case of lack of this condition, the Site of the posting Company will be considered the legal site or the place where the recipient of the supplied activities resides.
- The appointing of a person that will have the task of acting as legal representantive is mandatory, even though it’s not the same person above described; his task will be to establish a connection the involved social parts with the service supplier in the event of a collective negotiation. The said person is not asked to attend during the eexecution of the posted working activities, but he must be available when receiving a motivated request (for the duration of the posting and for two years after the termination of the employment relationship.