Italian Employment Law – In brief

Garante privacy: regole restrittive per la conservazione delle email dei dipendenti Privacy Guarantor: restrictions regarding retention of employee emails February 20, 2024 - 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.
Corte costituzionale: legittima la tutela indennitaria nei licenziamenti collettivi Constitutional Court: the mere compensation remedy in collective redundancies is lawful February 12, 2024 - 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.
Bonus Mamme L’esonero contributivo per le lavoratrici madri “Mothers Bonus”. Social security contribution exemption for working mothers February 12, 2024 - 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
L’Italia aderisce all’accordo quadro in materia di sicurezza sociale sul lavoro da remoto transfrontaliero in UE, AEE e Svizzera Italy signs the Framework Agreement on social security in cases of cross-border telework within the EU, the EEA and Switzerland January 17, 2024 - 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.