INTERNATIONAL LAW
Law No. 203/2024 introduces several changes in labor law, amending various regulatory provisions. Below is a brief summary of the main updates effective from January 12, 2025.
Article 6 – Suspension of Wage Supplement Benefits
Article 6 amends Article 8 of Legislative Decree No. 148/2015, which regulates the compatibility between wage supplement benefits (Cassa Integrazione) and work activities. The most significant change establishes that employees who perform subordinate or self-employed work during the wage integration period are not entitled to wage supplement benefits solely for the days they worked.
Article 10 – Temporary Work Contracts
This article modifies Legislative Decree No. 81/2015 on temporary agency work, particularly in Articles 31 and 34:
It repeals the transitional rule that allowed the same worker to be assigned for more than 24 months without the creation of an indefinite employment contract.
It expands exemptions from quantitative limits for temporary agency work to include:
Workers hired on permanent contracts by the temporary work agency.
Workers employed in certain categories like startups, seasonal work, entertainment, or workers over 50.
Article 13 – Trial Period for Fixed-Term Contracts
The trial period:
Cannot be less than two days or more than 15 days for contracts up to six months.
Cannot exceed 30 days for contracts between six and twelve months.
A new trial period cannot be applied in case of renewal for the same duties.
Article 14 – Mandatory Remote Work Notifications
Employers must notify the Ministry of Labor of:
Employees working remotely.
The start and end dates of remote work.
The communication must be submitted within five days of the start or any changes.
Article 18 – Dual Apprenticeship Contract
It allows the transformation of apprenticeship contracts into:
Professional apprenticeships for contract qualification.
Higher education or research apprenticeships to pursue further education.
Article 19 – Termination of Employment Contracts
A new provision (Article 26, Paragraph 7-bis of Legislative Decree No. 151/2015) establishes that:
If an employee is absent without justification beyond the period set by the collective contract (or 15 days if not specified), the employer must notify the local Labor Inspectorate (INL).
The employment contract is considered terminated due to the employee’s voluntary resignation without needing the standard telematic resignation procedure.
However, this rule does not apply if the worker proves that the absence was due to force majeure or the employer’s fault.
Conclusion
Given the significant operational impact of these changes, companies are advised to contact legal offices for guidance on the interpretation and application of the new rules.