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Labor decree: implementation of new labor standards
The Italian Parliament recently amended some labor regulations (which had entered into force on 5 May 2023 – read more here) which we would like to summarize below.
Contents
Fixed-term employment contracts
Remote work
Personnel supplied by an employment agency on an open day basis
Health and safety
Fixed-term employment contracts
If a fixed-term employment contract signed after May 5, 2023 does not last longer than 12 months, it can be extended or renewed without specifying a specific business need. In any case, the total duration of the fixed-term contract cannot exceed 24 months.
Remote work
“Frail” employees are now entitled to remote work up to September 30, 2023. To this end, these workers also have the right to be assigned to different functions, in accordance with their job classification.
In addition, up to December 31, 2023the following categories of workers have the right to work remotely without having to sign any individual agreement:
Parents with children under 14 years of age, as long as (i) there is no other parent in a situation of unemployment or beneficiary of an income support measure at home, and (ii) remote work is compatible with the tasks carried out by the workers. Employees who, after a medical assessment by the company doctor, are considered at high risk of COVID-19as long as agile work is compatible with assigned tasks.
Although not strictly required, we still suggest entering into specific remote work agreements with previous employees, with applicable terms and conditions. In any case, it will still be necessary to (i) communicate to workers, at least once a year, a health and safety information notice, and (ii) inform the Ministry of Labor which workers will work remotely.
Personnel supplied by an employment agency on an open day basis
Under Italian law, employers can only hire a certain number of temporary workers indefinitely, depending on the applicable bargaining agreement. The new regulation clarifies that workers hired by the temporary work company with an apprenticeship contract do not count for the purpose of determining the maximum number of workers supplied to the employer.
Health and safety
The new amendments specify that the company doctor is obliged to ask employees to provide the medical history of their previous employer (unless this is materially impossible) to carry out the relevant medical examinations on the workers’ fitness for work of their functions.
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