With Decree No. 170 of August 6, 2021 (and its Annexes), the Ministry of Labour and Social Policies adopted the standards and rules for the telematic transmission of communications due by service providers to the Ministry in relation to workers posted for long periods in Italy, resulting in the repeal of the previous DM of August 10, 2016. In particular, the provisions of the new Decree apply to the prior notification of posting and any subsequent variation thereof, as well as to the communication of the reasoned notification for long-term postings.
Therefore, as of November 2, 2021, the new version of the telematic procedure "Transnational posting” updated with the changes contained in the Decree is available in the portal https://servizi.lavoro.gov.it. In addition to the already mentioned notification of long duration, the Decree has provided that, with the model UNI_Distacco_UE, also the so-called “chain postings" and the periods of replacement of posted workers can be communicated.
Ministerial Decree no. 170 of August 6, 2021 provides that:
- the telematic communication must be transmitted, electronically, through the UNI_DISTACCO_UE form by midnight of the day preceding the beginning of the posting period. This notification may be cancelled by midnight on the day of commencement of the posting period. Moreover, any subsequent change in the notice must be submitted within 5 days of the occurrence of the modification event;
- the change in the start date of the posting must be notified by midnight on the day prior to the start of the posting;
- the reasoned notification for long-term postings must be sent within 5 days of exceeding 12 months of the duration of the posting.
Finally, for postings in existence as of November 2, 2021, the reasoned notification for long-term postings (art. 4 bis, Legislative Decree no. 136/2016) must be made within 30 days as of November 2, 2021 and the 12-month period is calculated as of July 30, 2020.
In the case of postings within the framework of cabotage of goods or passengers, the posting foreign company will have to use a special telematic procedure that has been active since March 1, 2017.
The information transmitted to the Ministry of Labour and Social Policies is also accessible to National Inspectorate of Labour - INL, INPS and INAIL.
For further information, it is also possible to consult INL Circular No. 2 of October 19, 2021, as well as the Documentation section.
For any details, it is possible to consult the specific guides Posting and Cabotage.