Employment contract - information obligation
On 29 July 2022, legislative decree no. 104 of 27 June 2022 ("Transparency Decree") in implementation of the so-called "Transparency Directive" (Directive 2019/1152). was published on the Official Italian Gazette.
The Transparency Decree - which will enter into force on 13 August 2022 - establishes information obligations on the part of employers for new hires and for workers already hired on 1 August 2022.
The Transparency Decree provides for the obligation of information by employers on the contracts of all workers. The purpose is therefore to increase communication with private individuals, in order to know the working conditions of all employees and provide for the rewriting of contracts.
Employers will have to communicate the typical information of the contract such as, for example, the classification of the worker, scheduling of hours, holidays, paid leave, any probationary period. the procedure, form and terms of the notice in the event of withdrawal by the employer or employee.
The Transparency Decree is aimed at all employment contracts regardless of date, hourly regime, part-time or intermittent relationships. Therefore, information on coordinated and continuous collaboration relationships, as well as those of occasional or domestic setting, must also be communicated.
With reference to employment relationships already pending on 1 August 2022, following a written request by the employee, the employer is required to provide, update or supplement the information indicated above within sixty days.
There are heavy fines for employers who fail to comply with the disclosure obligations. These fines are administrative sanctions with a value ranging between Euro 250 and Euro 1,500 for each worker concerned. For the application of the sanction, it is required a prior report by the worker and an official assessment of the competent authorities.
Avv. Guido Brocchieri
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