On 27 February 2023, Law 14 converting, with amendments, Decree Law 198/2022 containing “urgent provisions on legislative deadlines” (the so-called Milleproroghe) was published in the Official Gazette.
Below are details of the new provisions.
The possibility is extended to 30 June 2023 for vulnerable public and private sector workers suffering from serious chronic pathologies with poor clinical control and of particular seriousness (as identified by the Ministerial Decree of 4 February 2022), to request and obtain remote working also through assignment to a different task within the same category or area of classification, without any reduction in salary.
The right to remote working is reintroduced, until 30 June 2023, also for workers who, based on the company doctor‘s assessment, are at a greater risk of contagion due to age or immunodepression, resulting from oncological diseases or ongoing life-saving therapies or, in any case, co-morbidities. The right in question is, however, recognised provided that the remote working mode is compatible with the employee’s duties.
The right to remote working for parents of children under the age of 14 has been reinstated until 30 June 2023, on condition that the remote working mode is compatible with the nature of the duties and that the other parent does notreceive social security benefits or does not work.
Employee’s IT Tools
Remote workers may also use, again until 30 June 2023, their own IT devices, if these are not provided by their employer.
No duration limits for assignments of workers hired on a permanent basis by employment agencies for two more years. The law, in fact, extends until 30 June 2025 the provision according to which, if the contract between the staff leasing agency and the worker is for an indefinite period, the worker may be leased, for periods of more than 24 months (even if not continuous), without this resulting in the establishment of an employment relationship for the user for an indefinite period.
Extension until 2026 of the possibility (already provided for by the 2018 and 2021 Budget Laws) to incentivise the retirement of workers who are 7 years short of reaching the minimum requirements for retirement (so-called “isopensione”) pursuant to Article 4 of the Fornero Law. This provision provides that, in the event of a surplus of personnel, in order to encourage the retirement of older workers, employers with an average of more than 15 employees may, in company collective agreements, undertake to pay surplus workers the equivalent of the state retirement benefit they would be entitled to and pay INPS the related social security contribution until they reach retirement age.
NEW SKILLS FUND
Extension to the end of 2023 also of the Fondo Nuove Competenze or New Skills Fund, established pursuant to Article 88 of Decree Law 34/2020 (so-called Relaunch) to allow companies to sign collective agreements (at company or territorial level) and thereby reshape working hours due to changed organisational and production needs, allocating part of them to training courses. The Fund finances, either wholly or partially, the wage and contribution costs of the working hours of personnel involved in training activities, according to the procedures indicated by the Ministry of Labour.
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