International Secondment within the European Union – Notification Obligations
Within the European Union, an international secondment refers to the (temporary) assignment of one or more employee [LDP – GB] s to a workplace located in another EU Member State, where the employee [LDP – GB] s perform their work activities while remaining contractually employed with the employer established in the home country.
The “European” concept of secondment differs—while remaining largely comparable—from the domestic concept of a business trip (“trasferta”), with the two scenarios sharing several similarities.
Cross-border secondment within the EU is governed by Directive 96/71/EC (the so-called “Posting of Workers Directive”) and Directive 2014/67/EU (the so-called “Enforcement Directive”). These Directives provide that, in cases of secondment, a minimum level of protection must be guaranteed to posted workers, consisting of ensuring that such workers benefit from the same terms and conditions of employment applicable in the host Member State, albeit limited to specific matters (i.e. maximum working time and minimum rest periods, paid annual leave, minimum rates of pay, health and safety, protection of maternity and minors, equal treatment and non-discrimination).
Obligations under Directive 2014/67/EU
Article 9 of Directive 2014/67/EU provides that EU Member States may impose only administrative requirements and control measures that are necessary to ensure effective monitoring of compliance with the obligations set out in the Directive, provided that such requirements and measures are justified and proportionate in accordance with EU law.
In this context, there is a clear obligation to notify the competent authorities of the host Member State, in the “[…] official language or one of the official languages of the host Member State, or in any other language accepted by the host Member State, at the latest at the start of the provision of services, by means of a simple declaration containing the relevant information necessary to enable factual checks at the workplace, including:
i. the identity of the service provider;
ii. the anticipated number of clearly identifiable posted workers;
iii. the persons referred to in points (e) and (f) [LDP – GB] (i.e. the appointment of a contact person or a legal representative, where necessary);
iv. the expected duration of the posting, including the start and end dates;
v. the address or addresses of the workplace; and
vi. the nature of the services justifying the posting.”
Notification Obligations – EU Countries
Within the scope of administrative obligations, there is also a requirement to retain relevant documentation at a clearly identified location, to make such documentation available upon request of the competent authorities, and to appoint a person to act as a liaison with the competent authorities of the host Member State where the services are performed.
The posting notification must generally be submitted within the 24 hours preceding the official start date of the posting, in accordance with the procedures and modalities established by the host Member State.
Failure to notify a posting is subject to administrative penalties, as provided for under the legislation of each individual country.
In November 2024, the European Commission proposed the adoption of a single digital portal for the submission of posting notifications, with the aim of reducing administrative burdens and helping companies comply with the obligation to submit a declaration when assigning workers to other Member States, while maintaining the high level of protection of workers’ rights already enshrined in EU legislation.
The portal has not yet been implemented; however, access to it may be granted on a voluntary basis by Member States.
Notification Obligations – Non-EU Countries
In Italy, the obligation of prior notification of a posting also applies to posting employers established in a third country/non-EU State, as well as to temporary work agencies established in another Member State that post workers to Italy.