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Company’s duties

Article 10, paragraph 3, of Legislative Decree No. 136 of July 17, 2016 provides that, during the period of posting and up to 2 years after termination, the foreign posting company must fulfill the following obligations:
- execute the prior communication of posting of the personnel employed in Italy by midnight of the day before the beginning of the posting itself and to communicate all subsequent changes within 5 days of the occurrence of the event, according to the methods defined in Ministerial Decree No. 170 of August 6, 2021 and its Annexes;
- keep, by preparing a hard copy or electronic copy in Italian, the documentation relating to employment (employment contract or other document containing the information referred to in Articles 1 and 2, Legislative Decree no. 152/1997, pay slips, statements indicating the beginning, end and duration of daily working hours, documentation proving the payment of wages or other equivalent document, the administrative communication of establishment of the employment relationship or equivalent documentation and the certificate relating to the applicable social security legislation;
- designate a contact person electively domiciled in Italy to be responsible for sending and receiving acts and documents. Failing this, the registered office of the posting company is considered to be the place where the recipient of the service has its registered office or resides;
- designate, for the entire period of posting, a contact person with powers of representation to maintain relations with the social parties interested in promoting second level collective bargaining, with the obligation to make himself available in the event of a reasoned request from the social parties.

Moreover, art. 10 bis of Legislative Decree no. 136 of July 17, 2016, as introduced by Legislative Decree no. 122 of September 15, 2020, provides for a series of specific information obligations:
- the user company based in Italy is required to inform the posting agency of the working and employment conditions that apply to the posted workers. In addition, for the entire duration of the provision of services and up to two years after its termination, the user company is required to keep a copy of the information translated into Italian and of its transmission for exhibition to the supervisory bodies;
- in the event of posting by working agencies established in a Member State other than Italy (art. 1, paragraph 2-bis, second sentence), the user company based in Italy must inform the working agency without delay of the worker's posting to another company;
- in the hypothesis of posting by working agencies established in a Member State other than Italy (art. 1, paragraph 2 bis, first sentence), before sending the workers to Italy, the user company is obliged to inform the working agency in writing of the information referred to in art. 10, paragraph 1, letters b), c), d) and f). Moreover, the user company is required to give the company receiving the service, which is based in Italy, a copy of the information translated into Italian and of the relative transmission for the purpose of presenting it to the supervisory bodies.