Manage Foreign People in Italy or from Italy

We help you to check that hiring-out of employees is allowed and if so under what conditions: In some European countries, the hiring-out of employees is strictly regulated. This may be a matter of concern in secondment situations as the employee remains in service of his Home Country employer while he may receive instructions from the affiliate or subsidiary in the Host Country. In some countries (e.g. Belgium, Luxembourg, France) such situation is already regarded as a prohibited hiring-out of employees. Non-compliance with the rules on prohibited hiring-out of employees may in some countries entail criminal penalties and/or civil penalties such as the joint liability between the Home Country Company and the Host Company for all employment conditions or the deemed existence of a permanent local employment agreement between the employee and the Host Company. Sometimes the execution of a service agreement between the Home Country employer and the Host Company is recommended to reduce the risk of prohibited hiring-out of employees.

Employment Law

We help foreign Companies to be aware of any “minimum” local employment laws that apply despite the law governing the employment agreement.

Even if the Host Country is not considered the place of habitual work, some “minimum hardcore of local working conditions” may nevertheless apply from the first day of the secondment. This is a result of 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. The following are usually considered part of this core: minimum pay rates, maximum working hours and minimum rest periods, minimum paid annual leave, maternity protection, non-discrimination, health and safety and conditions of hiring-out employees.

Our support area in tax application

We help you to be aware of applicable income taxes. First it should be checked if a Double Tax Treaty exists between the Home Country and the Host Country. If that is the case, then employees who are seconded for more than 183 days will most likely be taxable on their remuneration in the Host Country, at least on their Host Country sourced salary. However, it is of utmost importance to verify in each situation the Double Tax Treaty concerned as the wording and conditions may differ from Treaty to Treaty. Remeber that there are also very important differences in the level of income taxes on salary between the different countries. Furthermore the Companies takes the risks about "permanent establishment in the Host Country", specially in Italy. From our point of view, it is clear that depending on the situation concerned, the presence of the employee may under certain conditions be considered as a permanent establishment of the Company in the Host Country. This may give rise to additional (corporate tax) obligations for the Company in the Host Country.

Our support to comply with any other formalities

It should be checked if any other formalities need to be complied with. For example, in some countries (all Europe) the Home Country employer must notify the local Authorities of the Host Country of the employee’s secondment before the start of the secondment. Failure to do so can result in criminal penalties. Also, local language requirements may apply.

Manage Foreign People in Italy or from Italy

With an environment of tight resources and new challenges, companies are exploring foreign talent pools and assigning expatriate employees to create new capabilities and opportunities overseas. In an era of increasing globalization and off-shore outsourcing, international assignment of expatriates and third country nationals has become a competitive necessity. The process isn't so easy, the expatriation process involves many technical and professional aspects, but also contains personal, social and cultural items, that are often the trigger that make expatriates choose to return to his country ahead of schedule.

Coaching

We help foreign People to understand local Culture with specific Coaching programs.

Our HR Management Services can provide social training for an employee assigned to work in Italy or around the world and for the employee’s family. The training will familiarize the family with local customs, taboos and expectations for social interactions. In a tailor made Cross-Cultural Business training labor relations laws and hiring practices in the host country will be covered, as well as effective leadership styles in the new culture. We understand that on-boarding is a critical part of the employment experience, for this reason our Professionals can develop and implement a specific on-boarding program tailored for your business.
Sometimes the employee leave his country with his family, so we provides a training usefull to familiarize the family with local customs, taboos and expectations for social interactions.
In a tailor made Cross-Cultural Business training labor relations laws and hiring practices in the host country, specially in Italy, will be covered, as well as effective leadership styles in the new culture.

 Our support area in administration

• Helping for authorisation to work ("work permit"), separate visa and/or residence permit.
• Check if the employee can stay in the original pension scheme and can be excluded from any Host Country pension plans.
• Check applicable income taxes and if the duble taxation system is running
• Full assistance for personal tax declarations

Legal support

• Support in case of accident
• Health 
• Health and social care insurance and pension

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.

Assistance on

• 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

Legal support

• 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
• Damage
• 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