Articles & Insight

Gender equality: pay attention to the deadlines for the biennial report and social security contributions’ exemption

Gender equality: pay attention to the deadlines for the biennial report and social security contributions’ exemption

With a notice published on its website on 10 April, the Ministry of Labour announced that the deadline for submitting the 2022-2023 Biennial Report has been postponed from 30 April to 15 July 2024. We remind you that, pursuant to Article 46 of Italian Legislative Decree no. 198/2006, companies with more than 50 employees must draw up a report on the situation of male and female employees every two years and send it to the Ministry of Labour, the Works Councils, the Regional Equality Councillor and the President of the Council of Ministers Department of Equal Opportunities.

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Immigration: rules for entry and residence for digital nomads and remote workers are enforceable

digital noma

On 4 April 2024, the Ministerial Decree of 29 February 2024 was published, implementing the so-called Sostegni ter Decree. After two years of waiting, the provision is now in force that allows the entry into Italy of foreign nationals who perform, either as freelancers or employees (even those working for a non-established company in Italy), highly qualified work using technological tools that enable them to work remotely. These persons are admitted to Italy regardless of the quotas established in the programming of entry flows for non-EU citizens for employment reasons.The Decree applies to freelancers (so-called digital nomads), and to employees and collaborators whose working modality is organised by the client (so-called hetero-organised workers).

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Publication of new NRRP 4 Decree

Publication of new NRRP 4 Decree

Decree Law no. 19 of 2 March 2024 on “Further urgent provisions for implementation of the National Recovery and Resilience Plan” has been published in the Official Gazette. Known as the NRRP 4 Decree, it also includes provisions regarding workers’ health and safety and the legal compliance of labour relations.

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Privacy Guarantor: restrictions regarding retention of employee emails

Garante privacy: regole restrittive per la conservazione delle email dei dipendenti

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.

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Constitutional Court: the mere compensation remedy in collective redundancies is lawful

Corte costituzionale: legittima la tutela indennitaria nei licenziamenti collettivi

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.

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“Mothers Bonus”. Social security contribution exemption for working mothers

Bonus Mamme L’esonero contributivo per le lavoratrici madri

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

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Italy signs the Framework Agreement on social security in cases of cross-border telework within the EU, the EEA and Switzerland

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. 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.

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Occupational asbestos exposure: new rules from the EU

Esposizione all’amianto sul lavoro: nuove regole dall’UE

Asbestos is an extremely dangerous carcinogenic substance, unfortunately still present in some economic sectors. For this reason, the European Union has once again intervened with Directive No. 2668 of 22 November 2023, integrating and amending previous Directive 2009/148/EC, in order to ensure better protection for people who, during their work, are or may be exposed to dust from asbestos or materials containing this mineral.

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Whistleblowing. The 17 December deadline draws closer

From 17 December 2023, companies that, over the past year, have employed an average of not fewer than 50 and not more than 249 employees, with open-ended or fixed-term employment contracts, must activate an internal reporting channel. So what should companies do in view of the 17 December deadline and what to watch out for during company investigations triggered by whistleblowing.

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Immigration: new points of interest for highly qualified workers

Directive (EU) 2021/1883 is transposed in Italy by Legislative Decree No. 152 of 18 October regarding the conditions of entry and residence of third-country nationals intending to perform highly qualified work. The measure amends the Consolidation Act on immigration and updates the requirements and procedures for issue of the so-called EU Blue Card, namely the work permit issued, for periods of more than three months and outside the quotas established by the Flow Decree, to foreigners in possession of specific educational and/or professional qualifications. The Decree first redefines the objective requirements for entry into Italy, introducing, as an alternative, the possession of specific qualifications.

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