Posting in the trucking industry: The “best practice” for foreign workers operating in Italy.

Introduction: Understanding Secondment and Its Importance in the Context of Foreign Companies

The Legislative Decree n. 2023/27, implementing EU Directive 2020/1057 on the posting of professional drivers in the commercial road haulage sector, provides for new and increased administrative obligations on the hauler and the driver, as well as a severe penalty regime in case of infringements. Foreign companies should take into consideration the following regulations in case they are posting workers to Italy.

The Legal Framework: Exploring Legislative Decree n. 2023/27 and Its Implications for Secondment in Italy

The Legislative Decree n. 2023/27 defines secondment regulations and fulfilments in Italy. A series of fulfillments must be borne by the employer, under penalty of significant fines. 

In particular, the foreign employer must fill out and submit a compulsory notice to report the secondment to Italian authorities “no later than the beginning of the secondment”. The notice must include several information concerning the employer, the secondee and the vehicle used for the work performance and must be updated within 5 days from any variations.

Avoiding Fraudulent Use of Secondment: Best Practices for Foreign Companies Operating in Italy

In compliance with Italian labor laws to avoid the fraudulent use of posting, work must be implemented to preventing illegal practices in posting and ensure fair treatments to workers.

Companies are required to ensure that posted drivers are not only given the proper notices within the specified time, but also to hand over to them all documentation proving the necessary fulfilments have been carried out, to avoid any risks in case of inspection access by the public authority.

Navigating the Administrative Procedures: Step-by-Step Guide for Seconding Employees to Italy

As said, the employer must consider a series of administrative procedures for secondment in Italy – otherwise, significant penalties may apply. These fulfillments are critical to prove the authorities that all documentation requirements for seconded employees in Italy are observed. In this regard, the foreign employer is required to submit telematic report through the public interface system containing rather innovative information such as, for example, the date of beginning of the driver’s contract of employment and its applicable law. The telematic report must be submitted within the day before the secondment starting date and updated within five days from any changes occurred. In addition, the employer is required to ensure that the driver has a hard copy or electronic copy of the secondment report available.

Safeguarding Employee Rights: Ensuring Proper Working Conditions and Benefits during Secondment in Italy

The employer, throughout the duration of the posting, must guarantee the posted workers the working conditions provided by Italian labor law.

In particular, a relationship of loyal cooperation and information must be maintained between the company and the worker regarding the fulfillment of all obligations under the relevant regulations, so that the posting takes place in the full safety of the driver involved.

Conclusion: Embracing Compliance and Successful Secondments to Italy as a Foreign Company

In order to ensure full compliance with labor regulations, foreign companies posting drivers to Italy are advised to rely on qualified professionals so that they can take care of all the necessary requirements on their behalf.

In case of any infringements, indeed, the following fines apply:

• EUR 2,500.00 to EUR 10,000.00 in case of omitted submission of the documentation regarding the compulsory communication of posting.
• the same penalty applies to the transporter who fails to ensure that the driver has the necessary documentation;
•  EUR 1,000.00 to EUR 4,000.00 in case the declaration is submitted with incorrect or incomplete data.