Transparency Decree: new mandatory information to be included in employment contracts from August 1st, 2022.

Legislative Decree no. 104 of June 27, 2022, with which companies will have to rewrite all employment contracts.

The decree implements the so-called transparency directive (number 2019/1152) and entered into force on 1° August for those who already have a contract in progress (for new hires the date of entry into force is 13 August 2022).

Disclosure obligations.

The decree provides for a profound burden on the disclosure obligations envisaged by existing legislation (Legislative Decree no. 152 of 26 May 1997). For all these subjects, the directive requires employers to communicate in writing the "essential elements of the employment relationship". The following must be communicated:

• the typical information of the relationship, such as the type of contract, the name of the employer, the place of work, the start and end date (in the case of a fixed-term relationship);
• the trial period, if any;
• the classification of the worker (category, level and qualification or, alternatively, the brief description of the job);
• the scheduling of ordinary working hours (but in case of impossibility, very detailed alternative data will have to be provided).

The list of information that must be provided does not end here: the employer must also communicate the duration of the holidays and the duration of any paid leave to which the worker is entitled, the right to receive training provided by the employer, if any, the duration of the notice and the related procedure; the Bodies and Institutions that receive social security and insurance contributions; the national collective agreement applied to the employment relationship, with the indication of the parties who have signed it, and any second level collective agreements (territorial and / or corporate) applied to the employment relationship.

Who it applies to.

There is also further information, very detailed and complex, that the employer must provide to the worker if the methods of execution of the service are organized through the use of automated decision-making or monitoring systems. Furthermore, additional information is provided for workers on mission in another member state of the European Union or in a third country. According to the new discipline, the new rules should apply to all subordinate employment contracts, regardless of the duration (therefore, both temporary and permanent), the hourly regime (including part-time and intermittent relationships). And from the possible triangulation with employment agencies (the relationships stipulated in the context of the provision of personnel are also included). To these forms of subordinate work are added: the relationships of coordinated and continuous collaboration, those of occasional performance, and special forms such as the contracts of seafarers, fisheries and domestic workers. On the other hand, independent relationships, those of very short duration (equal to or less than an average of three hours a week in four consecutive weeks), agency relationships, work in a family business, and some special forms of work are excluded. public.

Sanctions.

n the absence of the communications required by law or if they are made late or incomplete, different penalties are envisaged for the type of omission. The ordinary one provides for the employer a pecuniary administrative sanction from 250 to 1,500 euros for each worker concerned. The sanction can be issued by the Territorial Labor Inspectorate, upon notification by the worker and after an inspection.

(Source: Open website - Author: Giampiero Falasca - Content ownership: G.O.L. Impresa Sociale S.r.l.).