On 11 January 2017 the legislative decree no. 253/2016 (‘New Decree’) entered into force to transpose the European Union Directive no. 2014/66 into the Italian legislation.
According to the New Decree, if a non-EU company needs to transfer some of its employees to an Italian subsidiary, it is possible to apply and obtain a new kind of intercompany transfer working permits. There are three kinds of employees that can apply for such working permit according to the New Decree: (1) managers, (2) highly specialized persons and (3) trainees.
The New Decree hasn’t abrogated the intercompany transfer permit previously set forth in the Italian immigration law; it just added a further option, also considering that trainees could not apply for the previous working permit. The maximum term of the new working permit is 3 years (for managers and highly specialized persons) and 1 year (for trainees).
Only employees who have worked for at least 3 months in the non-EU company can apply to obtain the new permit.
Based on the New Decree, in particular circumstances, those employees holding the new working permit can also work temporarily in the company’s subsidiary having seat in another country of the European Union.
Upon expiration of the working permit, the Italian subsidiary cannot hire the transferred employee, while this is possible with the old working permit. If an employee already holds an intercompany transfer working permit issued in another country of the European Union, he has the right to work in Italy up to 90 days (he just needs to inform the local police). If for more than 90 days, he must apply locally for a new working permit.
The relevant procedure is very similar to the procedure of the old working permit.
According to the New Decree, employees holding the new working permit can also bring their relatives to Italy.
The Decree gives more chances to those companies which set up subsidiaries in Italy and need to move temporarily key employees.