Draft of Legislative Decree for the implementation of the EU Directive on transparent and predictable working conditions

On 22 June 2022, the Italian Government approved a draft decree to implement the EU Directive 2019/1152 on transparent and predictable working conditions. It should be published in the Official Gazette in the next few days.

In addition to the information typically included in the employment contracts, employers are required to provide employees the following:

• Training rights, if any;
• Holiday leave duration, as well as of any other paid leave;
• Procedure and terms of notice in the event of termination by either party;
• Details about the employee’s salary, including the time and method of payment;
• Working time schedule, including overtime and related payment;
• If necessary, the variability of the work schedule and the relevant specific conditions for the performance of work;
• Collective bargaining agreements applied to the employment relationship;
• Social security / insurance bodies contributions; and
• Automated decision-making or monitoring systems, and how they operate if applicable.

Employers are required to provide the aforementioned information to the employees either at the time of hiring or within 7 days from the beginning of the employment relationship (with some exceptions which can be provided within one month from the beginning of the employment relationship).

The draft decree also provides that in case of transnational secondments, employers are obliged to provide the employees with additional information before they leave e.g. the country, the duration, salary and the currency, any additional benefits etc.

If employers fail to comply with the new obligations, employees may raise it with the Labour Authorities and they could face sanctions ranging from 250 EUR to 1,500 EUR for each concerned employee.