{"id":6619,"date":"2023-05-11T21:32:03","date_gmt":"2023-05-11T21:32:03","guid":{"rendered":"https:\/\/toffolettodeluca.it\/?p=6619"},"modified":"2023-05-12T07:25:23","modified_gmt":"2023-05-12T07:25:23","slug":"employment-decree-2023-whats-new","status":"publish","type":"post","link":"https:\/\/toffolettodeluca.it\/en\/employment-decree-2023-whats-new\/","title":{"rendered":"Employment Decree 2023: what\u2019s new"},"content":{"rendered":"\n

Decree Law no. 48 of 4 May 2023 on ‘Urgent measures for social inclusion and access to employment’ has been published in the Official Gazette. The piece of legislation aims to ensure greater flexibility for personnel management and less bureaucracy for companies.<\/p>\n\n\n\n

In fact, in addition to changes to the Citizenship Income (Reddito di Cittadinanza) \u2014 which will disappear in 2024 and be replaced by new measures against poverty \u2014 the decree also introduces amendments to the discipline of fixed-term employment contracts, simplification of information obligations under the so-called Transparency Decree, and hiring incentives.<\/p>\n\n\n\n

Below are the main points of interest to employers.<\/p>\n\n\n\n

Fixed-term employment contracts (art. 24)<\/strong><\/strong><\/h5>\n\n\n\n

The decree amends the grounds<\/strong> under which it is allowed to use fixed-term employment contracts, strengthening the role of collective bargaining agreements<\/strong>.<\/p>\n\n\n\n

In particular:<\/p>\n\n\n\n

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  1. It is still possible to enter into contracts for a period not exceeding 12 months with no need to provide for grounds.<\/li>\n\n\n\n
  2. It is possible to (i) enter into contracts lasting between 12 and 24 months, (ii) extend the length of a contract beyond 12 months or (iii) renew a contract (regardless of its duration):<\/li>\n\n\n\n
  3. Permanently, in the cases provided for by the collective bargaining agreements<\/strong> (national, territorial or company-level) stipulated by the union associations that are comparatively more representative on a national level;<\/li>\n\n\n\n
  4. Only in the absence<\/strong> of relevant provisions in the collective agreements applied in the company and until 30 April 2024<\/strong>, in the cases agreed upon by the individual parties<\/strong> to meet technical, organisational or production needs.<\/li>\n<\/ol>\n\n\n\n

    Furthermore, it is still possible to sign fixed-term contracts to replace<\/strong> other workers.<\/p>\n\n\n\n

    Simplification of disclosure obligations (art. 26)<\/strong> <\/strong><\/strong><\/h5>\n\n\n\n

    The decree also amended the way in which employers\u2019 may fulfil their obligation to provide employees, in writing and in detail, with a series of information relating to the employment relationship<\/strong> at the time of recruitment or during its execution, which was recently regulated by the Transparency Decree.<\/p>\n\n\n\n

    From now on, the information relating to the probationary period<\/strong>, training<\/strong>, holidays<\/strong> and paid leave<\/strong>, notice<\/strong>, remuneration<\/strong>, working hours<\/strong> as well as to social security<\/strong> and<\/strong> insurance institutions<\/strong>, may be provided to employees simply by referring them to the relevant legislation or collective bargaining agreement<\/strong> (including company-level agreements).<\/p>\n\n\n\n

    Employers shall also provide<\/strong> or make available to employees, even online, the collective agreements and company policies (if any) that apply to the relationship.<\/p>\n\n\n\n

    The scope of the additional information obligations on the use of automated decision-making or monitoring systems<\/strong> has also been limited. As of 5 May 2023<\/strong>, in fact, employees concerned and their union representatives must be informed of the aspects of the employment relationship affected by these systems<\/strong>, their purposes and aims, the operating methods and the level of IT security only<\/strong> in the event that the systems in question are ‘fully’<\/strong> automated.<\/p>\n\n\n\n

    Hiring young people (art. 27)<\/strong> <\/strong><\/strong><\/h5>\n\n\n\n

    Private employers who, in the period from 1 June to 31 December 2023, hire employees under the age of 30<\/strong> who are NEET (not in Education, Employment or Training) and are registered<\/strong> with the National Operational Programme ‘Youth Employment Initiative’, are granted for 12 months<\/strong> an incentive<\/strong> equal to 60% of the gross monthly salary (taxable for social security purposes).<\/p>\n\n\n\n

    The benefit is due in case of employees hired with an open-ended contract, also for the purpose of staff leasing, and also with an apprenticeship contract.<\/p>\n\n\n\n

    The incentive is granted by INPS, must be applied for online and is paid to the employer by means of an adjustment in the monthly social security contributions\u2019 statements. From an operational<\/strong> point of view, the Social Security Agency shall evaluate applications in chronological order of submission and, after ascertaining the amount of available resources, shall assign the applicant a mandatory term of 7 days to sign the employment contract and a further 7 days to communicate its conclusion. Failure to comply with these deadlines will result in non-granting of the benefit.<\/p>\n\n\n\n

    Finally, the measure may be cumulated with other exemptions<\/strong> under the regulations in force and, in this case, will be equal to 20% of the monthly salary.<\/p>\n\n\n\n

    Hiring of Inclusion Allowance beneficiaries (art. 10)<\/strong> <\/strong><\/strong><\/h5>\n\n\n\n

    Companies that hire beneficiaries of the new anti-poverty measure called the \u2018Inclusion Allowance<\/strong>\u2019 \u2014 which will replace the Citizenship Income in 2024 \u2014 are granted exemption from employers’ social security contributions<\/strong> (excluding INAIL premiums). The relief is equal to:<\/p>\n\n\n\n