FOREIGN WORKERS FOR BENEFITS SUBJECT TO A CONTRACT
This type of Nulla Osta must authorize the transnational posting of foreign workers employed by companies based abroad who have to carry out contract work in Italy.
The foreign company from which the worker is hired must have signed a contract to provide services with the Italian company that will host the worker.
The host company must request the Nulla Osta at the Immigration Desk of the local Prefecture by presenting, among the various documents, a copy of the contract. It is suggested to include information relating to the outsourcing of foreign service labor.
The entry visa and the relative residence permit are issued for the time strictly necessary to carry out the work or provide the service upon communication by the employer to the provincial bodies of the most representative comparative workers’ trade unions and in the sector concerned.
The first posting can be requested for a maximum of 2 years. The maximum duration of the posting, including extensions, cannot exceed 4 years.
Foreign Workers Employed in Italy
Suppose the foreign workers are employees of an employer based in a member state of the European Union. In that case, the Nulla Osta al Lavoro is replaced by communication, by the Italian client, of the contract, together with a declaration from the employer. Of work containing the names of foreign workers to be posted. This communication must be presented to the competent Immigration Desk to issue the residence permit.
The foreign company that posts its employees for the transnational treatment of services implemented through a contract must guarantee its employees transferring to the Italian territory the same minimum wage as the contratto collettivo nazionale di categoria applicato ai lavoratori italiani o comunitari nonché il versamento dei contributi previdenziali ed assistenziali. La società estera è soggetta anche agli obblighi previsti dal Decreto Legislativo n. 136/2016 relativamente al distacco dei lavoratori nell’ambito di una prestazione di servizi, tra i quali la trasmissione telematica del modello UNI_DISTACCO_UE entro le ore 24 del giorno precedente l’inizio del periodo di distacco.