Hiring & Seconding People in Italy or from Italy
Companies doing business in the world often send employees over to temporarily work at their local subsidiary or affiliated company. These employees keep the employment agreement with their Home Country employer during the secondment and remain employees of the Company. At first glance, only the place of work is temporarily changed. However, many other legal issues may come into play and need proper preparation and well-drafted paperwork. We provides tips each in-house counsel should consider when preparing a secondment to Europe.
- Check the employer goals
- Choise the right legal solution
- Assess whether there’s risk of permanent establishment in the Host Country.
- Check if the employee needs authorisation to work ("work permit") or separate visa and/or residence permit.
- Determine which law will govern the employment agreement during the secondment.
- Help to understand the local implementation of the Posted Workers Directive providing for the protection of the minimum working conditions in force in the Host Country despite the law governing the employment agreement.
- Check that hiring-out of employees is allowed and if so under what conditions.
- Determine if you need to comply with any other formalities.
- Understand how much cost the Temporary Posting / -Seconding / -Hiring
Our support area in administration
- Define Remuneration Plan Administration
- Define Contribution Plan Administration
- Define Tax Plan Administration
- Employee Benefits Administration
- Global Payroll Services
- HR as a Service (HRaaS)
- On-Premises HR Outsourcing & Payroll Services
- Employment contracts
- Collective Agreement (CAO)
- Temporary posting/seconding/temporary hiring
- Termination of employment contract (dismissal)
- Managing Director / Statutory Director
- Reimbursement of expenses or company car
- Non-competition clause/non-solicitation clause
- Working hours, holidays, leave
- Wage claims
- Transfer of company
- Employee participation (works council, personnel representative)
- Inappropriate behaviour or discrimination
- Incapacity and re-integration
- Work by foreign labourers
- Health and social care insurance and pension