Biennial Report: new extension
On 3 July 2024, the Italian Ministry of Labour published a notice on its website announcing that the deadline for submitting the Biennial Report 2022-2023 has once again been extended.
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Italian Data Protection Authority: new guidelines for retention of employee emails
With measure no. 364 of 6 June, the Italian Data Protection Authority has adopted an updated version of guideline document no. 642 of 21 December 2023 (the validity of which had been suspended) entitled ‘Computer programmes and services for email management in the workplace and metadata processing’ (see our newsflash ‘Data Protection Authority: restrictions regarding retention of employee emails” of … Read more
Gender equality: Biennial Reports can now be submitted
The Biennial Report containing gender equality data for the two-year period 2022/2023 can be compiled from 4 June to 15 July 2024, following the new procedures laid down by the Ministry of Labour and explained in a specially prepared Operational Guide. The new app available on the Ministry’s official website ‘Servizi Lavoro’ (Labour Services), is designed to simplify compilation and transmission of the Report regarding the situation of male … Read more
Violence against women: Directive published
Publication of Directive no. 1385 of 14 May 2024 ‘on combating violence against women and domestic violence’. The aim of this measure is to effectively combat the still unfortunately widespread phenomenon of gender-based violence, focusing in particular on the precise definition of crimes and imposable penalties, the protection of and assistance to victims, and access to justice. In particular, it stipulates that Member States shall adopt appropriate measures to combat all forms of … Read more
Cohesion Decree: new incentives for hiring
The Government has adopted Decree Law No. 60 of 7 May 2024 (the so-called ‘Cohesion Decree’), which contains a series of incentives aimed at employment for the most disadvantaged in terms of age, gender, and employment status, as well as encouraging self-employed entrepreneurship in order to reduce territorial disparities. For each measure the decree specifies the recipients, duration, type of … Read more
Immigration: new EU rules for the single permit
On 30 April, Directive 2024/1233 was published, incorporating and amending the previous Directive 2011/98/EU that instituted the single permit issued to third-country nationals wishing to reside and work in a Member State The provision of a single application procedure leading to a combined title encompassing both residence and work permits has contributed to simplifying and harmonising immigration rules. With the same view of making it … Read more
Conversion of “DL PNRR 4”: more news regarding contracting
Confirming the criminal sanctioning system provided for in the Decree for unlawful lease of personnel (see our newsflash “Publication of New Decree PNRR 4” of 11.03.2024), conversion law no. 56 of 29 April 2024 once again intervenes on the guidelines of contracting. It stipulates that the personnel employed in contracting and subcontracting shall now be accorded not only … Read more
Gender equality: pay attention to the deadlines for the biennial report and social security contributions’ exemption
With a notice published on its website on 10 April, the Ministry of Labour announced that the deadline for submitting the 2022-2023 Biennial Report has been postponed from 30 April to 15 July 2024. We remind you that, pursuant to Article 46 of Italian Legislative Decree no. 198/2006, companies with more than 50 employees must draw up a report on the situation of male and female employees every two years and send it to the Ministry of Labour, the Works Councils, the Regional Equality Councillor and the President of the Council of Ministers Department of Equal Opportunities.
Immigration: rules for entry and residence for digital nomads and remote workers are enforceable
On 4 April 2024, the Ministerial Decree of 29 February 2024 was published, implementing the so-called Sostegni ter Decree. After two years of waiting, the provision is now in force that allows the entry into Italy of foreign nationals who perform, either as freelancers or employees (even those working for a non-established company in Italy), highly qualified work using technological tools that enable them to work remotely. These persons are admitted to Italy regardless of the quotas established in the programming of entry flows for non-EU citizens for employment reasons.The Decree applies to freelancers (so-called digital nomads), and to employees and collaborators whose working modality is organised by the client (so-called hetero-organised workers).
Publication of new NRRP 4 Decree
Decree Law no. 19 of 2 March 2024 on “Further urgent provisions for implementation of the National Recovery and Resilience Plan” has been published in the Official Gazette. Known as the NRRP 4 Decree, it also includes provisions regarding workers’ health and safety and the legal compliance of labour relations.
Privacy Guarantor: restrictions regarding retention of employee emails
The DPA’s Guidance Document no. 642 of 21 December 2023 introduces guidelines and restrictions for the management of employee emails that risk creating significant organisational and management issues for companies. This measure stipulates that employers (public and private) who use computer programmes and services to manage employee email may retain the metadata of email messages for up to a maximum of 7 days, period of time which, in the case of proven necessity, may be extended by a further 48 hours.
Constitutional Court: the mere compensation remedy in collective redundancies is lawful
Italian employment law currently provides for two different regimes when it comes to remedies for violation of rules on selection criteria in collective redundancies: reinstatement for employees hired before March 7, 2015; and a financial compensation, ranging from 6 to 36 months of pay for employees hired since March 7, 2015. In Judgment No. 7 dated January 22, 2024, the provision of different sanctions for the same violation, depending only on the date of hire, has been deemed lawful by the Constitutional Court, as it appears not to violate the principle of equality.
“Mothers Bonus”. Social security contribution exemption for working mothers
The Budget Law for 2024 (Law 213/2023) introduced a social security contribution exemption for working mothers – called “Mothers Bonus” – with three or more children, employed with an open-ended contract, valid from 2024 to 2026. On an experimental basis, this exemption has been extended in 2024 to also include mothers of two children. On 31 January 2024, INPS published Circular 27 detailing the procedures for making the measure operative. Find out more on Toffoletto De Luca Tamajo
Italy signs the Framework Agreement on social security in cases of cross-border telework within the EU, the EEA and Switzerland
Italy signs the Framework Agreement on social security in cases of cross-border telework within the EU, the EEA and Switzerland. applies to the cases in which an employee of an employer with its premises in a State that signed the Framework Agreement, carries out cross-border telework in another signatory State, in which they have their residence. Employees who habitually perform cross-border telework may request an A1 form pursuant to Article 16 of Regulation (EC) no. 883/2004 in order to maintain the application of the social security legislation of the State in which the employer has its premises, provided that the cross-border telework in the State of residence is less than 50% of the total working time.
Toffoletto De Luca Tamajo leading National firm in IEL Elite 2024
The inaugural guide to the world’s strongest employment law practices IEL Elite 2024, edited by the International Employment Lawyer, recognises Toffoletto De Luca Tamajo as a leading National firm. The Law Firm has been ranked as a trusted adviser on Italian employment and labour law issues and it’s extended well beyond Italy owing to its … Read more
Occupational asbestos exposure: new rules from the EU
Asbestos is an extremely dangerous carcinogenic substance, unfortunately still present in some economic sectors. For this reason, the European Union has once again intervened with Directive No. 2668 of 22 November 2023, integrating and amending previous Directive 2009/148/EC, in order to ensure better protection for people who, during their work, are or may be exposed to dust from asbestos or materials containing this mineral.
New extension of the right to smart working for parents and the “fragile”
On 15 December, Law No. 191 converting Decree Law 145/2023 (so-called Decreto Anticipi), further extended the right to smart working in the private sector for two categories of workers.
Whistleblowing. The 17 December deadline draws closer
From 17 December 2023, companies that, over the past year, have employed an average of not fewer than 50 and not more than 249 employees, with open-ended or fixed-term employment contracts, must activate an internal reporting channel. So what should companies do in view of the 17 December deadline and what to watch out for during company investigations triggered by whistleblowing.
Immigration: new points of interest for highly qualified workers
Directive (EU) 2021/1883 is transposed in Italy by Legislative Decree No. 152 of 18 October regarding the conditions of entry and residence of third-country nationals intending to perform highly qualified work. The measure amends the Consolidation Act on immigration and updates the requirements and procedures for issue of the so-called EU Blue Card, namely the work permit issued, for periods of more than three months and outside the quotas established by the Flow Decree, to foreigners in possession of specific educational and/or professional qualifications. The Decree first redefines the objective requirements for entry into Italy, introducing, as an alternative, the possession of specific qualifications.
Labour Decree Law: Ministry releases first indications regarding fixed-term contracts and staff leasing
In its circular dated 9 October 2023, the Ministry of Labour provided initial clarification regarding guidelines for fixed-term contracts and staff leasing, as amended by Decree No. 48/2023 converted, the so-called Labour Decree.
Read our newsflash to find out more.
Flow Decree 2023-2025: Prime Ministerial Decree published
On 3 October 2023 the Prime Ministerial Decree of 27 September 2023 (the so-called Flows Decree 2023-2025) was published in the Official Gazette, stipulating a total quota of 452,000 foreign citizens for the years 2023, 2024 and 2025 and defining the criteria for entry flows. Of the criteria pertinent to all the years in question the following stand out: a reduction of the gap between the numbers entering and the needs of the labour market, based on a programme of increasing quotas over the three years, consistent with the reception and integration capacity of foreign workers by local communities, the extension of the economic sectors, and incentives to attract highly skilled workers. Further specific criteria for entry within and over and above the set quotas are also detailed.
Smart working: extension of the rights for the extra-vulnerable
Decree Law No. 132 of 29 September 2023 has extended to 31 December 2023 the right to smart working for the so-called “extra-vulnerable” public and private sector employees. Until 31 December 2023, the right to smart working is also recognised for: parents of children under the age of 14; workers who, based on the company doctor’s assessment, are at a greater risk of contagion by Covid-19 due to age or immunodepression.
Immigration: new “out-of-quota” entries and increased entry numbers for 2022
On 16 August 2023, Law no. 112 was published, converting Decree Law no. 75 of 22 June 2023 (the so-called DL PA-bis), which introduced at article 27 of the Consolidated Act on Immigration (Legislative Decree no. 286/98) an additional hypothesis of entry into Italy of foreign citizens for work reasons, without the need to comply … Read more
Whistleblowing: what action to take from 15 July
The provisions of Legislative Decree 24/2023, which transposed Directive (EU) 2019/1937 on whistleblowing, come into force on 15 July 2023. We remind you that, under this law, an internal whistleblowing channel must be set up by companies that: The obligation to set up an internal reporting channel starts: What, therefore, must the companies in question do? Our firm is ready … Read more
Conversion of Employment Decree Law 2023: more news in employment law
On 3 July 2023, Law 85 converting, with amendments, the Decree Law 48/2023 on “Urgent measures for social inclusion and access to employment” (see our newsflash “Employment Decree 2023 – What’s new” of 12.05.2023) was published in the Official Gazette. Below are the main provisions of interest to companies. Remote working Remote working continues to … Read more
International Day Against Homophobia, Transphobia, and Biphobia. The importance of valorising and protecting diversity related to gender identity in the workplace.
17 May is the International Day Against Homophobia, Transphobia, and Biphobia established in 2007 by the European Union. The date was chosen to commemorate 17 May 1990, the day on which the WHO removed homosexuality from the list of mental illnesses, calling it for the first time ‘a natural variation of human behaviour’. The topic concerns … Read more
Public Contracts Code: bonus points only for companies with Equality Certification
With Decree Law no. 57 of 29 May 2023, the Government has made the first corrections to the new Public Contracts Code regarding bonus criteria and gender equality. The previous text ruled that in the calls for tenders, notices and invitations, contracting stations should award a higher score to companies that certified, also through a … Read more
New directive on Equal Pay and Pay Transparency
In the EU, women earn an average 13% less than men for the same work. This is the starting point for Directive (EU) 2023/970, which aims to establish the right to equal pay for men and women performing the same work or work of equal value. The aim of the European Union is not to affect existing national wage-determination … Read more
