As of August 13th, with the entry into force of the Decreto Trasparenza, there are new disclosure requirements for employers in labor contracts, under penalty of sanctions.
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With its publication in the Gazzetta Ufficiale on July 29, 2022, Legislative Decree No. 104/2022 – also known as the “Decreto Trasparenza” (“Transparency Decree”) – has entered into force, introducing new obligations for employers when signing an employment contract or drafting letters of employment, which will have to contain various information pertaining to the employment relationship.
The “Decreto Trasparenza” will be applicable from next August 13 for new hires, as well as for those who already have an employment relationship in progress on August 1 (the employer or the client, upon written request of the worker already hired on that date, will required to provide, update or supplement the information on the employment relationship within 60 days).
The new rules will be applied to the following contract types:
- employment contract;
- temporary employment contract;
- intermittent employment contract;
- collaboration relationship with predominantly personal and continuous performance organized by the principal;
- contract of coordinated and continuous collaboration;
- casual service contract;
- to seafarers and fishery workers, subject to the relevant special regulations in force;
- to domestic workers;
- to labor relations of employees of public administrations and those of public economic entities.
In a clear and transparent manner, the employer will have to provide each worker with the information required by the Decreto Trasparenza, either in paper or digital format, and will have to keep proof of transmission or receipt for 5 years after the conclusion of the employment relationship.
Under penalty of sanctions, the “additional” pieces of information that will have to be shared with the employee include (among others):
- the national collective agreement applied and the signatory parties;
- the length of the probationary period, if any;
- the right to receive employer-provided training, if any;
- the length of vacation leave and other paid leave to which the worker is entitled;
- the procedure, form and terms of notice in the event of termination by the employer or the employee;
- the initial amount of remuneration or the payment and its constituent elements, indicating the period and methods of payment;
- the scheduling of normal working hours and any conditions relating to overtime work and its remuneration, as well as any conditions for shift changes, if the labor contract provides for the organization of working hours which are in whole or in large part foreseeable;
- the entities and institutions receiving social security and insurance contributions expected by the employer and any form of social security protection provided by the employer.
If the employer does not share the above-mentioned “mandatory” information at the start of employment, based on the type of information, a transitional period of 7 days or 30 days from the date of employment is provided in its favor, in which to make up for such lack of compliance with the decree.
In addition to this, the Decreto Trasparenza stipulates that a range of information which impacts not only the discipline of labor law, but also the privacy area, must be provided to workers for the following types of relationships:
- those for which the employer uses automated decision-making and monitoring systems;
- those rendered abroad;
- those in which performance is not predictable.
If such information is not provided or it is shared in a incomplete or delayed manner, there are diverse penalties for the type of omission ascribable to the employer.
The ordinary penalty provides for an administrative fine of € 250 – € 1,500 for the employer for each worker concerned, which can be issued by the Ispettorato territoriale del lavoro (Territorial Labor Inspectorate) following a complaint by the worker or after an inspection.
LDP has already organized a dedicated team to ensure maximum and prompt assistance to clients in fulfilling their obligations under the Decreto Trasparenza.
Subject: From September 1, simplified telematic communication regarding “ordinary” smart working
As of Sept. 1, the obligation to transmit the individual agreement together with the prior telematic communication of smart working, which must be sent to the ministerial portal, will be definitively abolished.
The new communication will provide only the names of the workers and the date of commencement and termination of the agile work performance, to be transmitted electronically to the Ministry of Labor and Social Policy.
Subject: From September 1, individual agreement with each worker to activate the smart working mode
To date, the simplified Smart Working mode still valid throughout August has not been extended. Therefore, as of September 1, an individual agreement with each worker will be necessary to activate the Smart Working mode.
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LDP PAYROLL SRL-STP
Arianna De Carlo
Head of Payroll Department