Procurement Code Corrective: new labour protections (HR Online AIDP – 22 April 2025, Vittorio De Luca)
On 31 December 2024, the Correttivo Decree (Legislative Decree no. 209/2024) to the Code of Public Contracts referred to in Legislative Decree 36/2023 was published in the Official Gazette.
This decree aims to rationalise and simplify the code discipline, improving its homogeneity, clarity and adequacy, in order to facilitate the relaunch of public investments also in the phase following the implementation of the NRP.
Among the substantive issues on which the Corrective Decree has intervened, there are also important measures for the protection of workers in contracts, introduced with the aim of ensuring compliance with the regulatory and economic standards contained in collective labour agreements.
In the case of sub-contracted, secondary, ancillary or subsidiary services, where the relevant activities are different from the prevailing ones that are the subject of the contract and relate, for a threshold of 30% or more, to the same homogeneous category of activity, the contracting stations must also indicate the collective agreement in force for the sector and area in which these services are performed and applicable to the personnel employed in them, using the same criteria as those set out above.
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