The Italian “contract of stay” for foreign workers
21 March 2024
When foreign workers access Italian soil to perform professional activities under subordinate employment relationships, the latter undertakes to individually execute a so-called “contract of stay” once they arrive in Italy, which allows them to stay in the country lawfully. Section 5-bis of Legislative Decree no. 286/1998 (i.e., the Italian consolidated act on immigration) was established […]
Issues in choosing the governing law of a contract: the overriding mandatory provisions
3 August 2023
When concluding a contract that involves more than one jurisdiction because of the parties’ citizenships or the place of execution of the activities, they may choose the law that will govern their working agreement. Although there are no boundaries to the legislation to choose from, the terms and conditions of the agreement mustn't collide with […]Formal requirements in employment contracts with transnational features
28 July 2023
A contract can only be considered valid and effective when specific requirements are duly fulfilled, including those relating to the form of the agreement. With particular reference to contracts regulating employment relationships with transnational features, things can get further complicated. Below is a brief examination of the most relevant aspects to be considered. In Italy, […]Is there room for furlough in Italian labour law?
26 May 2023
In relation to working relationships holding international features, it is not rare that some procedures, normally executed in one country, are implemented in the other national legislations involved, even under other similar options they provide. As the furlough is not an exception to the above, here below is a brief recap of its characteristics and […]What are the options for foreign citizens performing working activities in Italy?
23 March 2023
During these past few years, the percentage of Italian workers leaving their country of origin to pursue better career opportunities abroad has exponentially risen. However, even if based on different patterns, the opposite flow of people moving went through severe changes as well, so much so that the intervention of the lawgiver was necessary to […]Visa for the entry into Italy of non-EU workers operating remotely (so-called digital nomads)
25 October 2022
Italy facilitates the entry of third-country nationals who work remotely for a fixed time in the national territory. The so-called “digital nomadism” phenomenon now also finds a place within Italian legislation. The pandemic, combined with technological progress, has led to the spread of organisations that contemplate using remote working. Article 6-quinquies of Law no. 25 […]The posting of foreign workers to Italy: what to pay attention to.
25 October 2022
Legislative Decree No. 136/2016 is applied in cases of provision of services with elements of transnationality – such regulation source defines, among others, the requirements for posting and seconding companies, as well as how to manage the work activity rendered under such a regime. Below is a brief analysis of the relevant elements that must […]