Information to employees: here is the Transparency Decree
With the entry into force of the Legislative Decree approved by the Council of Ministers on 22 June 2022 (implementation of EU Directive No. 2019/1152), it will be necessary to revise the wording of the commonly used letters of employment.
The employer, in fact, will be obliged to clarify already in the employment contract all the information related to the employment relationship, while it will no longer be sufficient to refer to the collective agreement applied.
Let’s see, in more detail, the mandatory information to be included in the employment contract:
- identity of the parties
- duration and conditions of any probationary period
- place of work, qualification, level, nature or category
- job description
- date of commencement of employment
- in the case of a fixed-term contract, its intended duration/expiry and the reasons for terminating the contract
- organization of the work rendered by the worker, in particular with regard to the hours to be respected - regardless of whether full-time or part-time - on the day, week or month
- where applicable, training obligations to the worker by the undertaking (for example, an apprenticeship relationship)
- the method of quantification and payment of the remuneration granted to the worker
- duration of paid leave, leave, leave, former public holidays and other similar contractual institutions to which the worker is entitled
- procedures to be followed for termination of employment: method and formalism of termination of employment, duration and commencement of notice
- collective bargaining, national/territorial regional or provincial/company, governing the employment relationship
- reference to bodies and institutions responsible for social security and insurance.
These disclosure requirements are extended to the following contractual types:
- employment relationships, both fixed-term and indefinite, regardless of the working time regime (including part-time)
- intermittent employment contracts
- contracts of employment in administration
- labor relations c.d. parasubordinated
- occasional service contracts, as per art. 54 bis, D.L. n. 50/2017
- contracts for seafarers, fisheries and domestic workers.
Any subsequent changes to the contract must be notified to the worker in writing within the first day of the effect of the change.
The employer who fails to comply with the information requirements is subject to an administrative fine of EUR 250 to EUR 1500 for each worker concerned, subject to the worker’s complaint or inspection.
