Newsletter 4/2017
The Legislative Decree 136/16, in implementation of the Directive 14/67 / EU, extends the rules of cross-border posting to road cabotage.
In the Norme & Tributi newsletter of AHK Chamber of Commerce Mrs Bruni and Mrs Patrisso describe obligations and consequences of failure to comunicate the worker’s posting.
As in Germany, also in Italy it is possible that a vehicle driven by a foreign driver, “posted” from his employer, presents itself for loading.
In these cases, the client should know that he is responsible for any irregularities of this posting. In fact, whether the posting in Italy was ordered by a foreign transport company or it is a foreign temporary agency, which has posted an employee to an Italian company, Legislative Decree 136/16, in progress of Directive 14/67 / EU, extends the regulation of cross-border posting also to road cabotage.
It will therefore be advisable for the company commissioning / loading the goods to be transported, in case of discrepancy between the ownership of the vehicle and that of the driver’s work contract ask the carrier copy of the prior notification of th eposting to the Italian Authorities, as well as of the related documentation, also drawn up in Italian.
Otherwise, in addition to stopping the vehicle during transport, the client risks having to pay the driver’s minimum salary and contribution charges, according to national labor contracts.
