Andersen European Employment Insights – November 2023

Andersen’s European Employment & Labor Service Line publishes the third edition of its monthly newsletter.

Our team of legal experts has carefully selected the contents of this newsletter which aims to be a portal to stay informed about the latest advancements in employment law, offering valuable insights into regulations, case law, and collective agreements across more than 21 European countries.

In the November issue, the Italian law section focuses on several rulings and amendments issued in October such as the proposals for the new Budget Law and the part-time workers and some important Court decisions.

Following you can find a summary of the content for Italy and we invite you to contact our professionals and read the full publication to discover the latest updates for the other European Countries.

Italy’s 2024 Budget Law: Navigating Employment Impact

In late October, the Italian Government greenlit the annual budget law draft and associated draft laws, encompassing provisions with potential ramifications for employment relations. These include incentives related to social security, retirement, and benefits for expatriates. While these measures are not yet law and are subject to legislative changes, we commit to updating you as soon as the final laws are adopted.

Cyclic Part-time Social Security Allowance: Extension and Eligibility Criteria

A government law decree, published on October 18, 2023, extended a lump sum allowance for “cyclic part-time” workers. These are individuals who work only during specific periods of the year. Initially introduced as a one-time measure in 2021, this allowance now continues to apply. Eligibility extends to cyclic workers without other employment or unemployment benefits, with a working schedule involving at least one consecutive idle month and a total of at least seven idle weeks.

Non-Executive Board Members Exonerated in Safety Rules Breach

In a decision published on October 30, 2023, the Italian Supreme Court acquitted two non-executive board members previously found guilty of breaching occupational safety prevention measures. While lower courts followed a precedent holding all board members liable under occupational safety laws, the Supreme Court established a distinct line of case law. According to this interpretation, only board members neglecting duties or possessing decision-making powers are deemed liable under the law.

Judicial Review of Remuneration Adequacy: Courts Empowered

In a decision on October 2, 2023, the Italian Supreme Court addressed employees’ constitutional right to remuneration proportional to their work. The court annulled a merit decision suggesting that remuneration aligning with national collective agreements is inherently adequate. Instead, the Supreme Court asserted that courts have the authority to review remuneration adequacy. Various parameters, including other collective agreements and statistical data, may be considered. Employers, particularly those jointly liable for suppliers’ employees, should take heed of these criteria.

Safety Coordinator’s Duties at Construction Sites: Legal Conviction Upheld

On September 14, 2023, the Italian Supreme Court for criminal matters confirmed the conviction of an architect serving as an execution safety coordinator at a construction site. The architect failed in several key duties, including addressing risks in the safety and coordination plan, ensuring alignment with the safety operational plan of active companies, and adequately checking the implementation of safety measures. Despite the architect’s claim that instructions were breached, the absence of such measures in the safety and coordination plan led to the conviction.