The new legislation on transnational posting in effect from 30 September 2020

The reform of transnational posting became officially effective as of 30 September 2020, following publication of the Italian Legislative Decree 122/2020 in the Official Gazette, implementing EU directive 2018/957, adding a series of amendments to the current legislation on the subject contained in Italian Legislative Decree 136/2016.

First of all the scope of rules on transnational posting was explained and extended. Specifically, these rules are now also valid for temporary employment undertakings established in a Member State different from Italy that post one or more workers to a user undertaking then sent to work, by the latter undertaking, at one of its production units or another company, including belonging to the same group, with registered office in Italy.  The involved workers are considered posted to Italy by the temporary employment undertaking with which they have an employment relationship.

Moreover, the notion of “working and employment conditions” was expanded, to use as a benchmark for recognition of so-called equality of treatment in favour of posted workers, including all of the terms and conditions contained in laws and regulations and collective contracts. The list of subjects covered by equal treatment has also been revised. According to the new legislation, the same working and employment conditions apply to posted workers, if more favourable, as those applied to Italian workers who perform permanent jobs similar to theirs. This refers in particular to legal provisions and those of collective contracts concerning rest periods, working hours, remuneration, the conditions of hiring-out of workers, health, safety and hygiene at work, working and employment conditions of pregnant women or women who have recently given birth, of children and of young people; equality of treatment, the conditions of workers’ accommodation, travel, board and lodging expenses.

Lastly, another important provision regards postings of long duration. Particularly, the decree states that if the actual period exceeds twelve months (period that can be extended to 18 months) all of the other working and employment conditions shall apply to posted workers, if more favourable, required in Italy by laws and regulations and national and territorial collective contracts signed by worker organisations and employers that are comparatively more representative at national level. The above does not apply to provisions concerning the procedures and conditions for the conclusion and termination of the employment contract, non-competition clauses and supplementary pension schemes.