Frequently Asked Questions
WHAT IS THE ITALIAN DECREE 136/2016 ABOUT?
It refers to Legislative Decree 136/2016 of 07. 17. 2016 - International hauliers making cabotage operations in Italy and/or posting of workers in Italy (including temporary employment agencies) have to comply to new reporting obligations to the Italian Ministry of Labour and Social Policies. This new law also requires of the haulier to appoint an Italian Representative. The aim of this decree is to verify that the same employment and remuneration conditions are applied to Italian workers in the same function are also applied to posted workers.
Move Expert can assist you for these new requirements. Our company represents international road hauliers with activity in Italy and provides everything necessary to meet the latest requirements arising from the new Italian decree n. 136/2016. We have a team of knowledgeable experts in the legal and transport issues in Italy and MOVE EXPERT will become your recognized representative in Italy. More on Move Expert.
WHO IS AFFECTED BY DECREE 136/2016?
All foreign hauliers making cabotage operations of goods and/or passengers in Italy (transport within the territory of Italy) as well as companies posting workers to Italy (including temporary employment agencies).
It does not apply to companies making transport operations from or to Italy or just transiting in Italy (all occasional international coach services with door closed are considered as transit too).
SINCE WHEN DECREE 136/2016 IS VALID?
The law came into force on 26/12/2016.
Since that date, companies must send advanced communications to the Italian Ministry of Labour about posting and cabotage operations in Italy.
However, the decree requires that a Postponed advanced communication must be sent to the Ministry for any posting of workers started after July 22nd 2016 and still applying on January 26th 2017.
WHERE THIS LAW APPLIES?
The law applies to the territory of Italy and to all foreign hauliers or temporary work agencies posting workers to Italian companies as well as foreign hauliers carrying out cabotage activities. It also applies to foreign coach operators carrying out cabotage operations of passengers on the Italian territory.
You can deal with everything connected with this issue from comfort of your office on our website https://distacco.com/.
WHAT ARE THE RULES FOR CABOTAGE OPERATIONS IN ITALY?
Cabotage, meaning the national carriage of goods for hire or reward carried out by non-resident hauliers on a temporary basis in a host Member State, is governed by Regulation (EC) 1072/2009 as of 14 May 2010.
Article 8 of the Regulation provides that every haulier is entitled to perform up to three cabotage operations within a seven days period starting the day after the unloading of the international transport (i.e. the truck enters Italy with cargo).
A haulier may decide to carry out one, two or all three cabotage operations in Italy, after having delivered the international transport in another Member State (i.e. the truck enters Italy without cargo). In this case, only one cabotage operation is allowed in Italy to be carried out within three days of entering Italy without cargo. Moreover, This cabotage operation must be carried out in respect of the seven days period after the unloading of the international transport in another Member State.
Foreign hauliers must declare to the Italian government each cabotage operation before midnight of the day before the first cabotage operation starts (Start date), and must indicate the date of the last cabotage operation before leaving Italy (End date).
WHY DO I HAVE TO DEAL WITH IT?
Decree n. 136/2016 introduces administrative requirements such as the requirement for foreign companies wishing to post workers in Italy in the context of a transnational supply of services, to make an advanced declaration of the planned posting. Failing to do so, is punished by a penalty of 150 to 500 € for each worker. Other breaches, like not storing documents or not nominating a representative in Italy, are punished with penalty starting from 500 € and going up to 6.000 € - depending on whether they failed to comply with the obligation. In any case, penalties cannot be higher than 150.000 €.
Keep in mind that, in addition to the new administrative requirements, foreign companies have the obligation to meet the pay and working conditions of their workers posted to Italy with those applying to Italian workers.
In order to avoid sanctions, find out more about how we can help you and go on http://distacco.com/.
WHAT DOCUMENTS I HAVE TO HAVE WHEN ENTERING ITALY?
Even though it is not ordered in the Decree, foreign truck drivers when entering Italy should carry in the truck a copy of the advanced communication sent to the Ministry and a copy of its employment contract translated in Italian.
I AM INTERESTED. HOW CAN I START?
Sign up on our website and we will send you an immediate reply with simple instructions and appropriate documentation to comply with this new regulation. The result for your company is that you will have an Italian representative and we will manage the sending of your communications to the Italian Ministry of Labour.
WHO WILL BE REPRESENTING ME?
MOVE EXPERT is a well-known key partner of international hauliers and road transport associations in Europe. We have more than 20 years of experience in this area. Our philosophy is to help hauliers to increase productivity and reduce costs. We provide a wide range of services for hauliers. For more information about us, please visithttp://www.move-expert.com.
Through its Italian branch MOVE EXPERT Italia Srl and a dedicated team with an experienced view of the transport sector in Italy, Move Expert can perfectly understand domestic road legislation. Our team is backed up by Italian lawyers dealing daily with international transport companies who will help us help you resolve any complex cases that may arise after the introduction of this new law.
You couldn’t hope for a better partner than Move Expert to help you comply with the new Decree n. 136/2016 requirements.
WHAT CAN MOVE EXPERT RESOLVE FOR US?
- Providing you with the necessary documents and online administration of all clients.
- Ensuring the delivery of the advanced communications to the Italian Ministry of Labour and providing back to you the proof of delivery.
- Cooperating with Italian authorities in case of control.
HOW MUCH DOES YOUR SERVICE COST? WHAT IS INCLUDED IN IT?
Our services are cost effective and the most competitive offer on the market.
You will pay a set-up and registration fee of 100 EUR and a fixed annual amount depending on the number of declarations you will need us to send.Prices have four levels:
- 1 to 10 declarations sent: 200 € excluding tax
- 11 to 25 declarations sent: 350 € excluding tax
- 26 to 50 declarations sent: 600 € excluding tax
- 51 to 100 declarations sent: 850 € excluding tax
- More than 100 declarations sent: 1000 € excluding tax
In the case of control, which will require further interventions by our company we will charge a fee of EUR 100 for each individual control.
DO YOU OFFER ARCHIVING OPTIONS?
According to the Decree, the company is responsible for storing documents and their translation in Italian. Since there is no mandatory document to be attached to the advanced declaration of posting, you will have to store any of the posting document. Moreover, you will need to store these documents and its translation for 24 months after the end of the posting.
As your representative, we will ask you for the requested document in case of control from the Italian authorities.
WHY CHOOSE MOVE EXPERT?
We offer you:
- Competitive prices
- Service fees only in case of controls
- Customer friendly online registration and online administration
- No complicated Excel files
- Dedicated website in English and all major European languages
- An expert team ready to assist you
- Customer care always happy help you
- Communication in most native languages
WHY IS MOVE EXPERT BETTER THAN THE COMPETITION?
We offer professional services at an unbeatable price. Instead of paying a high price per declaration per year, you pay a reduced annual fee and extra service fee only in case of control. If that’s not enough to convince you, there is an online document management and our customer care operating in your native language to assist you at every step. We are very reactive. We will be alert to any new information that will arise from authorities or operational feedback due to our online system that can communicate in real time with all customers.
HOW CAN YOU CONTACT US?
Contact us at email@example.com or/and register at http://www.distacco.com.