Employee detachment is a process where an employee is temporarily transferred from one company (the “detaching company”) to another (the “host company”) to perform specific tasks or projects to meet the technical, organizational, or productive needs of the employer.

Laws and regulations governing the process may vary from country to country and are influenced by international agreements and specific national laws.
Among the most important is EU Directive 96/71/EC.
Law 199/2016 and Legislative Decree 81/2008 are fundamental for employee detachment in Italy, aiming to ensure respect for workers’ rights, compliance with the regulations of the host country, and prevention of exploitation and abuse.

From a social security perspective, Regulation (EC) No. 883/2004 protects the social security rights of detached workers within the EU and the European Economic Area (EEA). Typically, when a worker is detached to another EU/EEA country, they remain affiliated with the social security system of the country where they perform their work activities. This means that generally, the employer of the detached worker is required to pay social security contributions in the host country.
In summary, effective management of employee detachment requires in-depth knowledge of national and international regulations.

Our company offers expert consultancy in this field, with a dedicated team and an immigration lawyer to verify regulatory requirements. If you are considering employee detachment, contact us for professional and personalized consultancy. We are here to support you at every stage of the process, ensuring legal compliance and a smooth transition.

There are several types of employee detachment:

•  NATIONAL:

occurs within the same country

• INTERNATIONAL:

takes place in a foreign country

• ROTATIONAL:

occurs between company locations or projects

• TEMPORARY:

takes place for a defined period

•  TRAINING:

occurs to participate in training or professional development programs

While they may vary in nature and purpose, all involve a temporary change in the employee’s workplace. This allows companies to adapt to market needs and take advantage of development, training, or specific project opportunities. As a result, the original employment relationship between employer and employee is not interrupted, nor is a new connection created with the recipient of the detached worker.

In some cases, employee detachment may occur when a company needs to reduce staff. In these cases, employees are temporarily transferred from one company location to another or assigned to specific projects. This helps the company leverage employees’ skills in different areas or keep them busy during periods of low activity. It is important to manage this process fairly and transparently, providing adequate support to affected employees.

Companies must comply with fundamental legal requirements.

Firstly, they must draft a written agreement specifying all details such as tasks, duration, contractual conditions, salary, and benefits.

It is crucial to have legal representation to manage communication and administration during detachment.

Additionally, they must obtain required authorizations and comply with local and international regulations.

Lastly, it is important to maintain workers’ rights and constantly monitor the process to ensure compliance and proper management.

In employee detachment, there are several risks to consider, including possible legal violations related to labor, social security, and taxes, as well as linguistic and cultural barriers, contractual issues, additional costs, and the risk of illegitimate detachment.

Illegitimate detachment occurs when a company transfers an employee from one company location to another in violation of labor laws or contractual agreements.

This may include transfers without necessary authorizations, violations of employees’ rights, or failure to comply with working conditions established in original contracts. In these cases, employees have the right to seek legal recourse to enforce their rights and obtain compensation.

To ensure an efficient process and full compliance with the law, it is essential to acquire a detailed understanding of regulations, draft clear contracts, identify and manage risks, provide training to detached employees, and, if necessary, seek specialized legal assistance.

If your company is considering employee detachment or needs legal advice for other reasons, we encourage you to contact us for a preliminary consultation.