WHAT IS DECREE 136/2016?

What is Decree 136/2016 about:

A foreign driver performing cabotage operations in Italy has the right to work under the same minimum wage and working conditions than a driver with an Italian working contract. In Italy, the minimum wage is agreed in specific agreements of the transport of goods sector and it is generally set at €1.642,37/month (information based on CCNL Logistica, Trasporto Merci e Spedizione as shared by the Italian Ministry of Labour). Working conditions include seniority increases, holidays, social rules on working time and rest, overtime, occupational health and gender equality.

 

Since 26th December 2016, foreign hauliers making cabotage operations in Italy or posting their workers to Italy, must send an advanced communication of posting to the Italian Ministry of Labour via their website www.cliclavoro.gov.it before the beginning of the operation/posting.
In the case of cabotage, the advanced declaration must be sent prior to the first cabotage operation and it is valid until the date of the last cabotage before leaving Italy, taking into account the general rules about cabotage in Europe. The advanced declaration gives information about the driver(s), the foreign company and the identity of its representative in Italy.

The declaration must contain:
1. business name of the company, legal form, VAT number, email and mail address, phone number
2. name and surname, unique identification code, date and place of birth of the legal representative of the foreign company;
3. name and surname, unique identification code, electronic and postal address of the appointed representative in Italy
4. Dates of the posting or cabotage;
5. first and last name of the employee, unique identification code, date and place of birth, nationality,

When workers are posted to Italy, for example from a temporary work agency, the declaration must also contain information about the hosting company in Italy and its legal representative. The place of work is also required.

What should the driver keep in the vehicle:

Your driver should keep in its vehicle the copy of the electronic advanced declaration sent via the Ministry’s website and a copy of its employment contract translated into Italian. It is also advised that your drivers keep a copy of the A1 form attesting the national social security they belong to.

Sanctions:

Penalties can go from a minimum of €150 per employee for not sending advanced communications and up to € 6,000 for not naming a representative in Italy. The maximum penalty amount is fixed at € 150,000.