Under Article 10 of the Legislative Decree n. 136/2016, the posting foreign company must meet the following requirements:
- transmit the prior mandatory communication of the posting of workers within 24 hours before the beginning of the posting and to communicate any potential subsequent modification within 5 days after the amendment, as provided by the specific Ministerial Decree of August 10, 2016 and annexes.
- keep electronic or hard copy of the document in Italian language of the documents concerning the employment (employment agreement or any other document containing the information specified in articles 1 and 2 of the Legislative Decree no. 152/1997), pay slips, statements reporting the start, the end and the duration of daily working hours, documentation regarding the effective payment of due salaries or any equivalent document, and the certification regarding the social security legislation applicability (Portable Document A1 “PD A1”) and the statement of public communication of the employment relationship (for the duration of the posting and for two years after the termination of the employment relationship).
- designate a contact person domiciled in Italy to liaise with the competent authorities and to send out and receive documents and/or notices. In lack of this requirement, the legal seat of the posting company will be considered the legal seat of the host company.
- designate a person - even different from the one mentioned above - acting as a representative through whom the relevant social partners may seek to engage the service provider to enter into collective bargaining. The said person is not asked to be present during the performance 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).