Italy: Implementation of EU Directive 2019/1152 - New obligations for employers and principals

In brief

On 22 June 2022, the Italian Government approved a law implementing EU Directive 2019/1152 or the directive on Transparent and predictable working conditions. The law is not yet in force (although it is expected to be approved by Parliament by the end of July or early August 2022) but given the important changes that will take place, we thought it best to inform employers at this early stage. Further newsletters will be issued once the law is in force.


Contents

In more detail

Firstly, the law introduces new information obligations for employers and principals. More specifically, employers will have to:

  • At the beginning of the working relationship and, in any case, no later than seven days from the beginning of the working activity, provide the following information in writing to the worker: (i) the identity of the parties of the work relationship (including co-employers, if any); (ii) the place of work; (iii) the employer's/principal's registered office; (iv) the worker's contractual classification, level, and duties; (v) the start date of the working relationship; (vi) the type of contract; (vii) the duration of probation, if any; (viii) the initial amount of compensation, with break-down and term of payment; (ix) the normal working time schedule, as well as the conditions for shift changes, overtime work, and flexibility; (x) where work is organized through automatized decisional and monitoring tools, provide additional information on the same.
  • Within a month from the beginning of the working activity, provide the following information in writing to the worker, (i) in case of supply of workmanship, the identity of the user companies; (ii) the right to be trained by the employer/principal, if any; (iii) information on notice, both in case of dismissal and resignation; (iv) the applicable collective agreements and the parties that signed the same; (v) the authorities receiving social security and insurance contributions due by the employer/principal, as well as any form of social security scheme provided by the employer/principal; (vi) the duration of annual holidays and other paid leaves to which the worker is entitled or, in any case, the way the same are calculated and how they can be used.

Such obligations may be fulfilled: (i) by integrating the information already provided in the employment/freelance contracts or (ii) by drafting a specific side agreement.

Furthermore, please note that:

  • Further information must be provided in case workers are sent abroad for working reasons.
  • In case the information initially provided changes, a subsequent, written communication must be given to the worker within one day from when such changes become effective. Changes caused by amendments to the law, regulations or collective agreements are exempt from this rule.
  • The information obligations mentioned above apply not only to new hires but also for working relationships already in place. Workers will be entitled to require their employers/principals to update/integrate the above information within 30 days.

Failure to provide such information may result in administrative sanctions ranging from EUR 250 to EUR 1,500 for each concerned worker.

► Companies must take action to revise and update their contractual templates by preparing:

  • The required updates for future hires
  • A side agreement which can be delivered to workers already in force

Our team remains available for any further information and support!


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