Italian Intra Company Transfers and Labour Laws

A new fast-track application procedure is being introduced in Italy, meaning that registered employers can file online applications for the authorisation of intra-company transferees and highly skilled workers without pre-approval from the Italian Labour Board.

However, there is still a lot of documentation required in this new “fast-track” application. To use the new system, employers have to register with the Ministry of Interior and conform to mandatory compliance requirements. This new online process is still in the implementation phase.

The fast-track application means there is no need for advance approval from the Italian Labour Board. Once approved online, the foreign national may apply to the appropriate Italian consular post for an employment visa.

Registration for the Fast-Track System requires an employer to execute an agreement with the Ministry, provide requested corporate documents such as its Company Register, corporate bylaws and articles of incorporation. Once registered, employers receive a password to access the online system. Italy’s primary employers’ federation, Confindustria, has issued a master framework agreement with the Ministry.

This new procedure is aimed to streamline the application process, although the documentation requirements remain numerous and lengthy. Italian police run security checks for all applicants and within days of entry into Italy, foreign nationals apply for and set up a Contract of Stay at the local Immigration Office and file a Permit of Stay application.

Documentation required for this includes passport, Italian legal representative’s ID document, Italian Chamber of Commerce registration with anti-mafia statement,  a letter of reference from the sending company, along with relevant governmental validation and translation, the employee’s diploma accompanied by governmental validation method and official translation, and the Italian company’s balance sheets and tax declarations.

Compliance with the necessary requirements and presentation of the relevant documentation is mandatory and ensuring that this is ready before entering the process will make it much easier to complete. Advice from an Italian lawyer or accountant may be required.

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