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Italian SMI: important changes and news regarding the posting of workers and drivers in cabotage operations.

Andrea Baccarin 11/09/2018

The Italian Interior Ministry has published the circular n. 5507 on July 10th 2018.

The Italian publication clarifies the terms of prior communication in the road transport sector and, at the same time, the terms of controls on the posting of drivers and their use in cabotage, established by Decree-Law no. 96 June 21st, 2017.

For drivers who are not in compliance with the above mentioned “posting drivers” law or “Salario Minimo”, fines of up to 10 thousand euros are foreseen.

Pre-emptive communication of transnational posting

The law 96 of June 21st, 2017 requires foreign companies (both EU and out of EU) posting one or more workers in Italy to communicate their employment information to the Labour Ministry in advance. This communication has to be done only electronically, by filling in an electronic form, at least at 00:00 hours of the day before the secondment or the first day of cabotage starts.

The road haulers’ cabotage secondment declaration has a duration of three months and covers all the transport operations carried out by the posted driver on the Italian territory during this period.

Therefore, it will be necessary to indicate, in the Italian language, the gross hourly paid to the posted driver and the modalities for reimbursement of the travel, board and lodging expenses he/she has incurred.

At the end of the “pre-emptive communication” procedure, a document in digital format is made available and has to be printed and delivered to the driver who has to keep it on the truck and show it out to the traffic police in case of controls; another copy of the same communication must be delivered to the contact person appointed in Italy by the seconding company.

In addition to the above-mentioned documents, the driver must also keep on board:

  • the work contract (or another document containing information on his employment relationship),
  • the proof of payments,
  • the corresponding document showing the beginning, the end and duration of a daily working time,
  • documentation as remuneration proof of payment equivalent documents,
  • certificate of applicable social security legislation.

These documents must also be translated into the Italian language.

Italian “Salario Minimo” Administrative sanctions

The legislation provides penalties for:

  • both the driver who has not in the truck the declaration (or has it incomplete or wrong) and the vehicle owner,
  • for the company that has not sent the communication.

In the first case, the fine goes from 1.000 to 10.000 euros (reduced payment within 60 days: 1.000 euros) and in the second case from 150 to 500 euros for each worker concerned.

The Police can apply the administrative detention of the posted vehicle if the fine is not immediately full or “deposited” paid.

The Labour Ministry recognizes that the Italian platform for all these “Salario Minimo” new procedures is not ready yet to fully accept the declarations on the trans-national detachment of drivers which means that so far, the failure to indicate the hourly paid does not generate any sanction.

This circular no. 5507 on July 10th 2018 was sent to the respective national and regional offices of the various control authorities (border police, traffic police, police stations, etc..), as well as to the national labor inspectors.

The fact of having forwarded this circular to all the above-mentioned authorities could result in an increase in controls on foreign vehicles and drivers in the very next future.

If you need more information regarding the above new, or to know the procedures to be in compliance with the provisions of this circular, you can contact your minimum wages experts at VIALTIS.

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