{"id":5938,"date":"2022-07-20T12:36:06","date_gmt":"2022-07-20T12:36:06","guid":{"rendered":"https:\/\/toffolettodeluca.it\/?p=5938"},"modified":"2022-07-26T10:36:30","modified_gmt":"2022-07-26T10:36:30","slug":"working-conditions-disclosure-requirements","status":"publish","type":"post","link":"https:\/\/toffolettodeluca.it\/en\/working-conditions-disclosure-requirements\/","title":{"rendered":"Working conditions: new disclosure requirements on the way"},"content":{"rendered":"\n

Italy too is ready to comply with Directive (EU) 2019\/1152 on transparent and predictable working conditions:<\/strong> on 22 June 2022, the Government announced approval of the so-called \u201cTransparency Decree\u201d<\/strong>.<\/p>\n\n\n\n

Pending publication in the Official Gazette, according to the outline of the measure<\/strong> available to date, companies are required to comply with new disclosure obligations<\/strong> at the time of hiring and during the relationship.<\/p>\n\n\n\n

The measure applies to all subordinate employment contracts (fixed-term, open-ended, full and part-time), including those already in force, and, where compatible, to certain relationships with contractors (so called co.co.co.s<\/em> and occasional collaborations).<\/p>\n\n\n\n

The measure does not apply to the self-employed, commercial agents and those with very short-term relationships (equal to or less than an average of three hours per week in four consecutive weeks).The main points of interest are summarised below.<\/p>\n\n\n\n

General information for new hires and existing employees<\/strong><\/h5>\n\n\n\n

The list of\u00a0information<\/strong>\u00a0that employers must provide to the employees in writing, in paper or electronic form,\u00a0when hiring<\/strong>\u00a0before the employment starts and, in any case, within the following 7 days (except for the longer period of one month for certain data) has been considerably extended.\u00a0In the case of\u00a0existing relationships<\/strong>, on the other hand, employers are required to update the data within 60 days of the employee’s written request. In any case, the proof of the notification or receipt of the information must be kept for 5 years from the date on which the employment relationship is terminated.<\/p>\n\n\n\n

In addition to the typical relationship data, such as type of contract, employer\u2019s identity, place of work, start and end dates, probationary period (if applicable), employee\u2019s classification, and working hours, employers must also, among other things, communicate the employee\u2019s intended training, duration of holidays and paid leave, procedure and notice periods in the event of termination by either party, conditions for changing shifts (in the case of predictable hours) and the social security and insurance institutions to which contributions are paid.<\/p>\n\n\n\n

Any change<\/strong> to the information communicated must be notified to the employee by the first day on which the change takes effect, except in the case of legislative amendments or those resulting from collective bargaining.<\/p>\n\n\n\n

Heavy fines<\/strong> in the case of error: failure to comply, delay or incompleteness in complying with the disclosure requirements will incur an administrative fine ranging from \u20ac250 to \u20ac1,500 for each employee involved.In addition to these fines, companies are expressly prohibited<\/strong> from dismissing<\/strong>, discriminating and penalising workers who exercise their rights under the Decree. In case of retaliation or wrongdoing in this context, the employee is granted a speedier process before administrative authorities in addition to the usual litigation route.<\/p>\n\n\n\n

Specific cases<\/strong><\/strong><\/h5>\n\n\n\n

There is also additional<\/strong>, very detailed and complex information<\/strong> that the Decree stipulates must be provided to employees for the following types of relationships:<\/p>\n\n\n\n

  1. those for which the employer uses automated decision-making and monitoring systems,<\/li>
  2. those outside Italy,<\/li>
  3. those with unpredictable work patterns. <\/li><\/ol>\n\n\n\n

    In detail.<\/p>\n\n\n\n

    a) Use of automated systems<\/h6>\n\n\n\n

    New disclosure requirements (to be provided both to employees and to works councils or local unions) when employers use automated decision-making or monitoring systems for the purpose of collecting data for recruitment, management and termination of relationships as well as relating to the employee supervision, evaluation and performance. In the above cases, subject to compliance with the rules on remote control and privacy, employers must, in addition, clarify the purposes and aims of the systems, their mode of operation and relevant security levels.<\/p>\n\n\n\n

    Finally, the employee has the right to access the data, either directly or through their trade union, and to request further details on the information requirements<\/p>\n\n\n\n

    Violation of the new requirements will be punished with a fine:<\/strong><\/p>\n\n\n\n