Company liability for workers' mobility
Learn the extent of company liability in the management of foreign posting of workers.
Dal 1998
Studio A&P offre servizi di consulenza professionale per imprese e privati.
Studio A&P supporta aziende e privati nelle loro attività in Italia e nel mondo con assistenza personalizzata in materia di global mobility e adempimenti fiscali in Italia e all’estero.
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How to protect employees during posting abroad
An employee who moves for an assignment abroad, even temporarily, faces a completely new social, political and infrastructural context.
Therefore, it is essential that the Company trains its employees accordingly.
The employee has to be provided with an overview of the Foreign Country’s characteristics, usually concerning local customs, urban safety, driving licenses, but especially in the event of a risk country, also risks related to high crime rate, terrorist attacks, natural disaster etc.
Assessing safety
risks abroad
Guarantee the same protection
as in the Country of origin
solutions for adequate compliance
Measures for company liability
- Gather information concerning health and safety conditions in the destination Country;
- Train employees accordingly
- Ensure that employees undergo the health surveillance;
- Draw up operative and emergency plans, with the support of OHSO and lawyers, to be put into practice by employees during their assignment abroad;;
- Work on the introduction of a policy for emergency situations;
- Keep updated the risk assessment as well as all necessary measures.
Pursuant to Italian ex L.Decree 231/2001 and L.D. 81/2008
What type of company liability?
If employees and/or external partners sent on behalf of the Company are involved in an injury occurred abroad, the employer and the Company are liable to:
- Crimes of negligent injury or negligent murder, in case of accident at work;
- Contributory negligence for intentional offence, if the worker is victim of wilful injury or wilful murder;
- The so-called “differential damage” for the property liability, suffered by the worker as a result of the crime.
Criminal Liability
Who is indictable in an Italian criminal proceeding?
The Chairman of the Board (COB) or CEO, the Board members, the Personnel/HR Manager, the Person holding delegations of functions (concerning safety or business routes) and the premises’ director may be indictable in the Italian courts.
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