{"id":27789,"date":"2024-12-10T16:03:05","date_gmt":"2024-12-10T15:03:05","guid":{"rendered":"https:\/\/it.andersen.com\/?p=27789"},"modified":"2024-12-10T16:03:52","modified_gmt":"2024-12-10T15:03:52","slug":"employment-insights-november-2024","status":"publish","type":"post","link":"https:\/\/it.andersen.com\/en\/employment-insights-november-2024\/","title":{"rendered":"Employment Insights – November 2024"},"content":{"rendered":"

Andersen\u2019s monthly Employment Insights<\/strong> newsletter provides a comprehensive overview of the latest developments in labor law, including case law updates, practical case analyses, and insights on collective agreements across various countries. This edition features contributions from experts in 18 European jurisdictions<\/strong>.<\/p>\n

In Italy, the team is led by Partner Uberto Percivalle<\/a>, focusing on the most significant and recent regulatory changes in labor law.<\/p>\n

To explore updates from other jurisdictions, please refer to the attached publication<\/a>.<\/p>\n

Entry of non-EU employees into Italy<\/h1>\n

On October 11, 2024, Legislative Decree 145\/2024 introduced changes to immigration quotas to regulate the entry of non-EU employees into Italy.<\/p>\n

New quotas for 2025:<\/h2>\n
    \n
  • 70,720<\/strong> entries for non-seasonal subordinate work,<\/li>\n
  • 730<\/strong> entries for self-employment,<\/li>\n
  • 110,000<\/strong> entries for seasonal work.<\/li>\n<\/ul>\n

    From February 7, 2025, up to 10,000<\/strong> additional applications will be accepted for social assistance, elderly care, and care for disabled individuals.<\/p>\n

    Application submission dates:<\/h2>\n
      \n
    • February 5, 2025<\/strong>: non-seasonal work,<\/li>\n
    • February 7, 2025<\/strong>: non-seasonal work, family reunification, and social assistance,<\/li>\n
    • February 12, 2025<\/strong>: 70% of seasonal work quotas in agriculture and tourism,<\/li>\n
    • October 1, 2025<\/strong>: the remaining 30% of seasonal work quotas in agriculture and tourism.<\/li>\n<\/ul>\n

      New rules for submitting applications:<\/h2>\n
        \n
      • Use of digital identity (SPID or CIE) is mandatory.<\/li>\n
      • Applications can be pre-filled from November 1 to November 30, 2024<\/strong>, on a dedicated portal to allow for stricter controls.<\/li>\n
      • Employers can submit up to 3 applications. Additional requests must be submitted through professional associations or labor consultants, who must verify the coherence of applications with the size of the requesting company.<\/li>\n<\/ul>\n

        Conversion of seasonal permits:<\/h2>\n

        Expired seasonal work permits can be converted into permits for permanent subordinate work or self-employment.<\/p>\n

        Guidelines for 2025 immigration quotas<\/h1>\n

        The Ministries of Labor, Interior, Agriculture, and Tourism issued guidelines (Circular No. 9032 of October 24, 2024) on the number of temporary and permanent non-EU employees allowed in Italy for 2025. These inter-ministerial instructions implement the decree signed by the Prime Minister on September 27, 2023, regulating the entry of non-EU employees for 2023\u20132025.<\/p>\n

        Employee email backup non-compliant with GDPR<\/h1>\n

        The Data Protection Authority ruled that using software to back up employees’ and sales agents’ emails for three years after their termination violates GDPR.<\/p>\n

        The Authority also stated that:<\/p>\n

          \n
        • Service continuity can be ensured using alternative methods without retaining emails for three years post-termination.<\/li>\n
        • Managing email data without a union agreement or prior authorization from the Labor Inspectorate violates rules against remote employee monitoring.<\/li>\n
        • Forensic email analysis is not justified unless there is ongoing or imminent litigation.<\/li>\n<\/ul>\n

          Mandatory employee safety representatives in units with over 15 employees<\/h1>\n

          On October 24, 2024, the Workplace Safety Commission responded to an inquiry from the Ministry of Infrastructure and Transport about appointing employee safety representatives (RLS).<\/p>\n

          The Commission clarified that:<\/p>\n

            \n
          • In production units with more than 15 employees, the RLS must be elected or appointed from among RSA members.<\/li>\n
          • If no RSA exists, the RLS can be chosen from all employees.<\/li>\n
          • Each production unit must have its own RLS, with \u201cproduction units\u201d defined as those that are financially and operationally autonomous.<\/li>\n<\/ul>\n

            Courts may reduce penalties based on current and past circumstances<\/h1>\n

            Courts can reduce penalty amounts agreed upon in “parachute” clauses with executives, also considering the executive\u2019s reasonable interests at the time of the claim.<\/p>\n

            In a specific case, the court deemed a 36-month penalty excessive, given only one month remained in the protected employment period.<\/p>\n","protected":false},"excerpt":{"rendered":"

            Andersen\u2019s monthly Employment Insights newsletter provides a comprehensive overview of the latest developments in labor law, including case law updates, practical case analyses, and insights on collective agreements across various countries. This edition features contributions from experts in 18 European jurisdictions. In Italy, the team is led by Partner Uberto Percivalle, focusing on the most […]<\/p>\n","protected":false},"author":125,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[50],"tags":[],"_links":{"self":[{"href":"https:\/\/it.andersen.com\/en\/wp-json\/wp\/v2\/posts\/27789"}],"collection":[{"href":"https:\/\/it.andersen.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/it.andersen.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/it.andersen.com\/en\/wp-json\/wp\/v2\/users\/125"}],"replies":[{"embeddable":true,"href":"https:\/\/it.andersen.com\/en\/wp-json\/wp\/v2\/comments?post=27789"}],"version-history":[{"count":1,"href":"https:\/\/it.andersen.com\/en\/wp-json\/wp\/v2\/posts\/27789\/revisions"}],"predecessor-version":[{"id":27790,"href":"https:\/\/it.andersen.com\/en\/wp-json\/wp\/v2\/posts\/27789\/revisions\/27790"}],"wp:attachment":[{"href":"https:\/\/it.andersen.com\/en\/wp-json\/wp\/v2\/media?parent=27789"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/it.andersen.com\/en\/wp-json\/wp\/v2\/categories?post=27789"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/it.andersen.com\/en\/wp-json\/wp\/v2\/tags?post=27789"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}