Legislative Decree No. 122/2020, which transposed EU Directive No. 957 of 28 June 2018, introduces the cases of chain posting and long-term posting, which required a change in the notification form used so far: notification obligations must now be fulfilled in accordance with the requirements of Decree No. 170 of 06/08/2021 and its annexes. The decree was published on the website of the Ministry of Labour and Social Policy on 26.10.2021.
A posting chain within the meaning of the Regulation occurs when a user undertaking established in a Member State posts to Italy a worker who has been borrowed from a hirer established in the undertaking's Member State or in another Member State of the EU.
A chain of posting requires the following:
- it must necessarily start with a commercial hiring-out of workers (the first link in the chain);
- the lender and the hirer may be located in the same member state or in different member states, but in no case in Italy;
- the legal relationship on the basis of which the worker is deployed in Italy (=the second chain link) must not be another commercial supply of labour, but of a different nature - e.g. a contract for work and labour or a subcontract for work or an intra-group secondment or an activity in a branch of the user enterprise with its registered office in Italy.
The obligation to register before the start of a chain assignment to Italy is ONLY incumbent on the hiring company, i.e. the commercial labour leasing company.
For long-term postings (more than 12 months), on the other hand, the obligation to notify the extension of the posting within 5 days of the end of the 12th month was introduced. This obligation is fulfilled by the initial notification if the planned duration of the posting should exceed 12 months from the beginning.