Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

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New Changes to Fixed-Term Contracts and Staff Leasing Frameworks

New Legislation Enacted

Authors: Carlo Majer, Partner, and Caterina Colombano, Associate – Littler Italy

As we reported in the last quarter, Law Decree no. 48\2023 (known as Decreto Lavoro), was enacted in May 2023 to regulate various employment-related frameworks. In codifying this labor decree, Law No. 85/2023 of July 3, 2023, introduced new changes. Under this new law, fixed-term contracts can be extended and renewed without providing cause (known as causali) if the total duration of the relationship does not exceed 12 months. For purposes of calculating the 12-month “without cause” term, only contracts entered into on or after May 5, 2023, will be considered. After the first 12 months, a cause must be provided.

Concerning indefinite-term staff leasing contracts, the previous rules had established a quantitative limit of 20% of the staff hired on an open-ended basis. Law No. 85/2023 provides that the following are not relevant for purposes of calculating this percentage: (1) employees hired by the staff leasing agency with apprenticeship contracts; (2) employees in mobility; (3) employees who have been unemployed or in the redundancy fund for at least six months; (iv) so-called disadvantaged workers (as defined by Reg. (EU) no. 651/2014).

New Changes to Smart Working and Informational Requirements

New Legislation Enacted

Authors: Carlo Majer, Partner, and Caterina Colombano, Associate – Littler Italy

Law No. 85/2023 of July 3, 2023, extends the right to arrange smart-working for the following categories of employees: (1) fragile workers suffering from pathologies identified by the Ministry of Health; (2) parents with children up to 14 years of age, provided that the remote work is compatible with the modalities of the service and the other parent is not unemployed or on layoff; and (3) workers exposed to COVID-19 and immunocompromised due to age or oncological diseases or life-saving therapies. This option is available to the last two categories until December 31, 2023.

Concerning the informational requirements, Law No. 85/2023 requires the following be specified in the individual employment contract: (1) the variability of the work schedule, the guaranteed minimum hours, and the remuneration of excess hours; (2) the hours and days on which the worker must work; and (3) the notice periods for the commencement or termination of assignments. Further, this new law increased the annual non-taxable limit for goods and services for qualified employees to EUR 3,000, provided a special allowance for employees in the tourism industry, and mandates obligations concerning safety at work and employees’ health record.

Entry into Italy and Residence of Highly Skilled Foreign Nationals

New Legislation Enacted

Authors: Carlo Majer, Partner, and Elena Guerrera, Associate – Littler Italy

On July 17, 2023, the Council of Ministers approved a legislative decree implementing Directive (EU) 2021/1883 on the conditions of entry and residence of third-country nationals for highly qualified employment. The Directive promotes a more attractive and effective regime for highly qualified workers from third countries by broadening the subjective scope and providing for faster procedures, and flexible and inclusive admission criteria in order to facilitate easier mobility within the Union.

In particular, the main changes introduced include (1) the possibility of issuing the “EU Blue Card” to seasonal workers who meet the requirements for highly skilled jobs, (2) the facilitation of the entry of executives and specialists working in information and communication technology services; (3) the promotion of innovative entrepreneurship, allowing foreign nationals with “EU blue cards” the possibility of self-employment in parallel with employment; (4) more favorable conditions for family reunification and access to the labor market for the spouse and family members of “EU Blue Card” holders.

Italian Anti-bribery Authority Issued Whistleblowing Guidelines

New Regulation or Official Guidance

Authors: Carlo Majer, Partner, and Caterina Colombano, Associate – Littler Italy

On July 15, 2023, the National Anti-bribery Authority (Autorità Nazionale Anticorruzione or ANAC) issued new guidelines to implement Legislative Decree No. 24 of March 10, 2023, on the protection of whistleblowers. The new guidelines outline principles that public and private entities can consider when implementing their internal channels and organizational models. The aim of the whistleblowing regulation is to protect the freedom of expression and prevent corruption in the public and private sectors. The new rules are intended to ensure the protection - both in terms of confidentiality and protection from retaliation - of whistleblowers.