This communication requirement arises from the implementation of the European Directive 2014/67 / which has been implement in Italy by the legislative Decree n. 136 of July 17 2016.
As of day indicated, then the foreign company release agent has an obligation to make prior notification of personnel detachment that intends to use in Italy.
It is also believe that, with effect from the same date, foreign companies are also required to communicate the detachments beginning after July 22, 2016.
Such communication must be carried out by 26 January 2017, in the manner indicated in the following provide that the gaps are still outstanding at that date.
They are therefore considered to be excluded from the prior notice the gaps activated after 22 July 2016 but ceased before January 26, 2017, as well as the gaps started before July 22 2016.
It worth remembering, too, that the obligation shall be placed exclusively in the hands of a foreign company release agent (service provider) and applies both to undertakings established in other Member States, both in relation to undertakings established in a third / non-EU State, or to any employment agencies established in another member State which post workers in Italy.
Finally, in reporting this important transposition of UE legislation, it should be emphasize that, in compliance with EU principles of effectiveness and proportionality, the cogency of the new communicational obligations is ensure by an appropriate sanctions system.
In particular, pursuant to article 12, paragraph 1 of Legislative Decree. n. 136/2016, violations are sanction By the obligation to inform the service provider:
1) The gap within twenty-four hours the day before the beginning of the posting itself, unless cases that admit
The "so called" Preventive Communication Postponed;
2) The cancellation/new communication of essential data within twenty-four hours the day before the beginning of the worker's posting;
3) Any subsequent changes concerning non-essential data within 5 days of the event.
They are also punish with a fine from 150 up to 500 Euros for each violation and for each worker concerned.
In any case, according to Article. 32, paragraph 1, letter d), Law no. 234/2012 (General rules on Italy's participation in the formation and implementation of legislation and policies of the European Union), the amounts of such penalties cannot exceed 150,000 Euros (art. 12, para 4, D. lgs. n. 136/2016).
(Cass. 06/14/2007 n. 13876, Pres. Senese East. Picone, in Riv. It. Dir. Lav. 2008. Or as always done by the Supreme Court of 31/10/2013 n. 24575, Pres. Maisano Rel. Garri, in Lav. swore in. 2014, 182, establishing that as part of a collective dismissal procedure, the identification of workers to oust should normally be accomplished with regard to the whole complex of the enterprise.
Member States to "the effective and binding adoption of at least one of the measures set out in it if national law does not provide for equivalent standards."With regard to this context, it should also be noted that in spite of the cunning of the legislature, it permits a single contract acausal 5 with
possible extensions for periods not exceeding 36 months in which the extensions of the expiration of the one contract are technically different from the signing of new contracts after the previous expired, which would consider the new rules unrelated to the limits imposed by that clause, as expressly refer only to the renewal, should however be seen as already mentioned in the appeals to the Commission, it is stated that the Italian State violated clause 8, paragraph 3, of the Framework European which states: "the application of this agreement shall not constitute valid grounds for reducing the general level of protection afforded to workers in the framework of the agreement" as the law n. 78 of 2014 would lower the general level of protection afforded to workers, without providing adequate compensation measures.