The italian “Consiglio dei Ministri” has approved the scheme of the legislative decree concerning the regulation of cross-border posting

The italian Consiglio dei Ministri has approved a legislative decree which implements the EU Directive 2014/67 /EU concerning the application the European Directive regulating the cross-border posting (n. 96/71/CE).

What is a cross-border posted worker?

A worker is a posted worker when he/she has an employment contract in his/her home country, but is sent by the employer to work temporarily in another country in the context of a cross-border provision of services.

The company in which the employee will work temporarily applies the corporate powers and disciplinary to the workers, and the employer must maintain all the contractual obligations (pension obligations, salary, etc.).

The goals of the Directive are:
- fighting phenomena such as abusive posting: this violates the  fundamental workers' rights;
- combating unfair competition;
- facilitating cooperation between Member States,ensuring the posted work's authenticity, combating the illegal cross-border posted work, using the European IT platform IMI, which is a valuable tool for the exchange of important information.

EU rules set out the right of companies to offer services in another EU Member State and to temporarily post workers to supply those services. These rules include safeguards to protect the social rights of posted workers. Furthermore, equal rules for domestic and cross-border temporary work agencies are provided.

Moreover, the domestic company has the duty to communicate, 24 hours before the work activity, the posting of his workers, providing information such as: identity of the domestic company, identity of the company in which the employee will work temporarily, identity and number of posted workers, the nature of the contract under which the separation is carried out.

Further information: http://europa.eu/rapid/press-release_IP-16-466_it.htm