Among the changes introduced by Legislative Decree no. 136/2016, implementing the European Directive 67/2014 concerning the posting of workers in the EU countries, it is appropriate to recall some of them in terms of obligations and sanctions imposed on companies.
For the posting company it is provided an obligation to notify the posting of the worker at least 24 hours before the start of the event, including information, such as: company details, number and personal details of the posted workers, place of work, start date and end date, and, the personal details of a company representative person.
Article 10 of this Decree provides that the posting company must appoint a representative person, who can also be a professional, responsible to send and receive documents on posting and can be equipped with powers of representation in trade union negotiations in the corporate or regional offices. This reference person must be domiciled in Italy, otherwise the Lawmaker will consider the address where the registered office of the company is.
Among the obligations introduced with art.12 in the decree, it is worth recalling:
– Obligation to archive in the Italian language copies of employment contracts, pay slips, documentation proving payment of salaries, certificates relating to social security, up to two years from the termination of the posting;
– The violation of the obligations laid down in Article 10 is punishable by a fine between 100 and 500 € for each employee concerned;
– Failure to retain documentation for the two years from the date of termination of the posting is punished for each worker concerned with a fine between 300 and 500 €.
– The failure to appoint the company representative person is punishable by a fine of between 2000 and 6000 €.
The sanctions cannot exceed however the limit of 150.000,00€.