Posting of Workers to Italy – Employer’s Obligations and Procedure.

Posting workers to Italy requires Polish companies to be familiar with local regulations and to comply with a number of administrative formalities. The first step in the entire process is the registration of the company in the Italian Distacco system, which constitutes the basis for subsequent notifications of posted workers. This ensures that the employer operates in compliance with the law, avoids financial penalties, and provides employees with full protection under applicable regulations. In this article, we will explain the obligations that companies must fulfill, as well as the procedure for notifications and documentation related to posting.

Company Registration in the Italian Distacco System

The initial step for any foreign employer planning to legally post workers to Italy is to create a company profile in the Distacco (CLICLAVORO) portal. Registration consists of setting up a business account in the system of the Italian Ministry of Labour, where company identification data must be provided – including the company name, registered office address, VAT number, and details of the legal representative. Once registered, the company gains access to the platform and can submit the mandatory posting notifications. This is a one-time procedure but absolutely essential, as without it, the posting process in Italy cannot proceed.

Posting Notification (Notifica di Distacco)

Following registration in the Distacco system, the next obligation of the employer is to submit a posting notification, known as Notifica di Distacco. This document must be sent to the Italian Ministry of Labour no later than midnight of the day preceding the start of work by the posted employee abroad. The form requires detailed information such as company details, data of the posted workers, place and duration of the posting, the type of work to be performed, and the details of the designated contact person in Italy. Each posting requires a separate notification, and in the event of any changes (e.g. extension of the posting period or change of workplace), the employer is obliged to inform the Italian authorities within 5 days.

Documentation and Administrative Requirements

Posting workers to Italy also entails the obligation to collect and store appropriate documentation. The employer must ensure the availability in Italy, either in paper or electronic form, of documents such as employment contracts, payslips, records of working hours, proof of payments, and A1 forms confirming coverage under the Polish social security system. Importantly, all documentation must be available in Italian in order to be presented during inspections by local authorities. Furthermore, the posting company must ensure that the working conditions of employees comply with the standards in force in the host country, including minimum wage, working time, health and safety regulations, and the right to paid leave.

Employer’s Obligations in Relation to Posting Workers to Italy

Once company registration in the Italian portal has been completed and before work begins, employers are subject to several obligations ensuring the legality of the posting.

• Timely notifications – each posting must be reported no later than midnight of the day preceding the commencement of work; any changes must be updated within 5 days.
  
  
• Appointment of contact persons – the company must designate a person residing in Italy responsible for receiving correspondence and forwarding documents to Italian authorities, and, if necessary, also a representative for communication with trade unions.
  
  
• Storage of documentation – all required documents (employment contracts, payslips, working time records, proof of payments, A1 forms) must be available in Italy, in Italian, throughout the entire posting period and for at least 2 years after its completion.
  
  
• Ensuring compliance with Italian labour law – this applies in particular to remuneration (the principle of “equal pay for equal work”), working time regulations, rest periods, leave entitlements, health and safety standards, as well as proper settlement of overtime and allowances.
  
  
• Formal and organisational control – the employer is obliged to monitor the employee’s working time, location, and scope of duties to ensure consistency with the data submitted in the system.
  
  
• Coordination of social security – the company must ensure the validity of A1 forms and proper settlements within the Polish social security system.
  
  
• Cooperation with Italian authorities – this includes prompt responses during inspections, provision of documentation, and ensuring direct contact with the persons designated to represent the employer.
  
  
• Data protection – all activities must be carried out in compliance with the principles of personal data protection and confidentiality of information.

Risks and Sanctions for Non-Compliance

Failure to comply with the obligations related to posting workers to Italy carries serious financial and legal consequences. Italian regulations impose specific penalties on employers who neglect registration and notification duties. These may include:

• Financial penalties – failure to register an employee in the Distacco system may result in a fine of up to €50 per day for each unregistered employee.
• Administrative sanctions – failure to keep the required documentation in Italy, lack of translations into Italian, or failure to appoint a contact person may lead to additional fines and administrative proceedings.
• Legal risks – in the event of serious violations, Italian authorities may consider the posting to be illegal, which could result in a ban on providing services in Italy.
• Problems during inspections – the absence of up-to-date notifications or A1 forms may result in work being suspended, as well as suspicions of irregularities in tax and social security settlements.
  
  
• Accusations of social dumping – if an employee does not receive remuneration and working conditions in line with Italian regulations, the company may be accused of violating competition rules and workers’ rights.

Posting workers abroad requires diligence and strict compliance with local regulations. The registration of the company in the Italian Distacco system, timely submission of notifications, proper documentation management, and appointment of contact persons are of fundamental importance. Adhering to these obligations allows employers to avoid financial penalties, ensures legal employment conditions for workers, and provides certainty that business activities in Italy are conducted in accordance with the law.