{"id":5970,"date":"2022-08-03T13:50:15","date_gmt":"2022-08-03T13:50:15","guid":{"rendered":"https:\/\/toffolettodeluca.it\/?p=5970"},"modified":"2022-08-03T15:35:58","modified_gmt":"2022-08-03T15:35:58","slug":"transparency-decree-disclosure-obligations-and-minimum-requirements","status":"publish","type":"post","link":"https:\/\/toffolettodeluca.it\/en\/transparency-decree-disclosure-obligations-and-minimum-requirements\/","title":{"rendered":"Transparency Decree: Disclosure obligations and minimum requirements"},"content":{"rendered":"\n

Legislative Decree No. 104 of 27 June 2022 has been recently published. In accordance with European parameters<\/strong>, the decree introduces disclosure obligations<\/strong> for employers as well as \u201c<\/strong>minimum requirements\u201d<\/strong> to protect employees.<\/p>\n\n\n\n

These new guidelines apply to all subordinate employment contracts<\/strong> (fixed-term, open-ended, full and part-time) and, where\u00a0compatible, to\u00a0certain kinds of\u00a0self-employment contracts<\/strong>\u00a0(so called\u00a0co.co.co.s<\/em>\u00a0and occasional collaborations), including those already in force at 1 August 2022.<\/p>\n\n\n\n

The measure will come into force on 13 August 2022.<\/p>\n\n\n\n

Disclosure obligations<\/strong><\/strong><\/p>\n\n\n\n

The\u00a0new decree\u00a0confirms the\u00a0list of\u00a0information (already announced in our newsflash\u00a0sent\u00a0on\u00a0July\u00a020,2022) that employers\u00a0must now provide\u00a0in writing\u00a0to employees\u00a0before the\u00a0employment\u00a0begins and, in any case, within the following 7 days (except for the longer period of one month for certain data).\u00a0For relationships<\/strong>\u00a0already\u00a0in force\u00a0on\u00a01 August 2022,<\/strong>\u00a0employers\u00a0are instead only required to\u00a0provide\u00a0the data within 60 days\u00a0from the\u00a0specific written request by employees<\/strong>.<\/p>\n\n\n\n

  1. The communication\u00a0of some information was already\u00a0mandatory\u00a0under the previous rules, and it is therefore likely that\u00a0such information\u00a0is already included in the contracts\u00a0in force\u00a0or that it can, in any case, easily be\u00a0added\u00a0in such\u00a0contracts\u00a0(e.g. name of parties, place of work, classification, start date and type of relationship, probationary period, remuneration and the collective bargaining\u00a0agreementsapplied).<\/li>
  2. These\u00a0new rules\u00a0introduce the obligation to communicate other information\u00a0to employees\u00a0and we therefore\u00a0suggest that a separate annex be\u00a0drawn up\u00a0for ease of use\u00a0not only for new employees, but also for any existing employees who request it.\u00a0This\u00a0extra information\u00a0includes, in particular, the duration of holidays and paid leave, the\u00a0procedure and notice periods in the event of termination by either party, training (if applicable) and the social security and insurance institutions to which contributions are paid.<\/li>
  3. The list of information becomes longer and more complicated in the event\u00a0of\u00a0peculiar<\/strong>\u00a0work<\/strong>\u00a0patterns<\/strong> (i.e. when\u00a0there is no\u00a0predetermined\u00a0exact schedule of hours\u00a0of work\u00a0per week or month) and\/orautomation.\u00a0In these cases, additional information is\u00a0required, the identification of which entails careful assessment of the company organisation of the individual roles involved.<\/li><\/ol>\n\n\n\n

    In detail, where work patterns:<\/p>\n\n\n\n