Posting of workers to Italy: working conditions and remuneration – new guidelines of the Italian Labor Inspectorate (October 19th 2021)
The Italian Labor Inspectorate issued new guidelines concerning posted worker’s employment conditions and remuneration pursuant the 957/2018 Directive.
In addition to addressing extensively successive postings of temporary agency workers, the new guidelines provide a series of details on the working and employment conditions for posted workers in Italy (including the determination of remuneration) in the event of long-term posting in Italy.
As far as the working conditions are concerned, the Italian Labor Authority clarifies that, pursuant to 957/2018 Directive, posted workers must be granted at least the same treatment – regarding the so called “hard-core” terms and conditions of employment – provided for workers who perform similar working activities in the place where the posting takes place. As far as Italy is concerned, these minimum conditions are those governed by regulatory provisions and collective agreements referred to in Article 51 of the decree number 81 of 2015, with the exclusion of the company level collective bargaining agreements.
In compliance with the provision of the 957/2018 the Italian law on posted workers (dlgs. 136/2016 as amended by dlgs. 122/2020) replaced the reference to “minimum rates of pay” with “remuneration”. Taking in to accounts the collective agreements, it is necessary to identify the remuneration due to posted workers in Italy by referring to those elements already listed by the Italian Labor Inspectorate through the circular no. 1/2017:
- basic wage;
- each element of remuneration (Italian wage item linked to the worker’s contractual status, just as the basic wage);
- bonuses linked to length of service (if connected to the professional classification of wage bargaining groups and/or the nature of the work); any allowance over basic pay (individual or for groups of workers if connected to the professional classification for wage groups and / or the nature of the work);
- remuneration for overtime, night and weekend work;
- posting allowance (if compensatory for the discomfort due by the assignment;
- travel allowance.
The circular reiterates that the allowances paid to the worker for posting that are not paid as reimbursement of the expenses incurred must be considered part of the remuneration. In any case, where the legislation of the country of establishment of the posting company does not distinguish between the sums which are paid by way of posting allowance and which by way of reimbursement of expenses, all the sums will be considered paid by way of reimbursement and as these will not be evaluated for the purposes of comparison with internal remuneration.
In addition, in the case of long-term postings (over 12 months, or over 18 months in the case of motivated notification to the Ministry of Labor and Social Policies) the new version of Directive 96/71, transposed on this point by art. 4-bis of Legislative Decree 122/2020, ensures equal treatment with respect to “all working and employment conditions (…) established [also] by collective agreements” (, except for some express exceptions, namely, in particular, “a) the procedures and conditions for the conclusion and termination of the employment contract; b) the non-competition clauses; c) the supplementary category pension “, which therefore remain regulated by the State of origin.
For any clarification or support do not hesitate to contact us postedworkersEU@ecaitalia.com
