Normative acts that regulate the supply of company personnel by companies based in a member state of the EC for temporary employment within the national Italian framework.

Companies may send or second their own personnel to Users that are based in Italy under the provisions of Art. 4 of Decree 72/2000 (amended by art. 85 of Decree 276/2003) for the enforcement of Directive 97/91/EC on the assignment or secondment of workers for service supply purposes, which expressly provide under paragraphs:

“1. The companies established in a member state of the European Union, other than Italy,that, in their capacity of temporary labour force suppliers, second or assign a worker to a user company that is based or operates on the national territory of Italy are subject to the provisions of Law 196 of June 24, 1997 (currently Decree 276/2003) with its subsequent amendments, on condition that, during such secondment or assignment period, an employment relation should exist between the seconded worker and the company that supplies the temporary labour force.2.The authorization provided by Art. 2 of the above-mentioned Law 196/1997 (currently Art. 4 of the Decree 276/2003) is not required for the temporary labour force supplying companies mentioned under Par. 1 on condition they produce proof that they act relying on some equivalent administrative provision and that such proof is issued by the relevant authority of a member state of the European Union other than Italy.”

The certification of equivalence, already required by this, Art. 2 and by Art. 3 of the above mentioned Decree 72/2000 is no longer required, as a result of the abrogation of this paragraph, operated by Art. 85 of the Decree 276/2003.

Circular no. 7 of 22/02/2005 (M.O. no.60 of 14/03/2005) of the Ministry of Labour and Social Policies, on the supply of the supply temporary labour force by companies established in other member states, mentions the following:

"With specific reference to the management activity within the framework of transnational services, as regulated by the Decree no. 72 of year 2000, enforced by the Directive 97/91/CE, it is highlighted that, according to Art. 4 of said decree, labour management enterprises or companies, established in a member state of the EU, may operate without having to possess an authorization, that shows that they operated on the grounds of an equivalent provision, issued by the relevant authority of a member state. It is also highlighted that, by abrogation of Paragraph 3 of the same, the issue of a certification of equivalence by this Ministry for the above-mentioned purposes is no longer required.”

Who is Tomasi Group ?

For more than 18 years now, Tomasi Group has provided labour force for its international clients in the main European countries. Specialized in the employment of qualified workers, the company is constantly informed and aware of the national and international labour legislation and particularly of the temporary employment related legislation. The clients who use the services of Tomasi Group can rely on a punctual, trained and transparent partner.

Why choose Tomasi HR ?

Presently, the main objective of companies in general is to focus on their basic activities by developing  new products and searching for new markets, both national and international. Globalization forces us to devise more and more effective short and mid-term strategies.  In this context, Tomasi HR qualifies as a partner, by managing the human resources department in outsourcing regimen and thus, removing all the problems related to this field.