Transparency and contracts, rules to avoid litigation (Il Sole 24 Ore and Il Quotidiano del Lavoro of Il Sole 24 Ore, 25 July 2022 – Vittorio De Luca, Claudia Cerbone)

More comprehensive information. Reference to collective agreements is insufficient

The legislative decree implementing the European Transparency Directive (no. 2019/1152), which must be transposed by 1 August, guarantees workers detailed knowledge of the employment conditions and minimum guarantees of predictability in the conduct of the relationship. Referring to the sector’s collective agreement, which is the case in most existing employment contracts, will not be enough.

Disclosing methods

These disclosing obligations must be fulfilled in writing by the employer, before the commencement of work, either directly in the employment contract or by providing a copy of the relationship establishment notification. Certain information may be provided within seven days or the month following the commencement of work.

Any change to the employment contact that occurs after employment must be notified in writing to the employee by the first day on which the change takes effect.

The new disclosure requirements will apply to newly hired employees and co-workers, and existing employees, if requested.

Employee protection

Workers complaining about violation of rights under the implementing decree and Legislative Decree 152/1997, without prejudice to the right to take legal action, can: attempt at conciliation at the National Labour Inspectorate local offices; conciliation and arbitration boards; arbitration chambers set up at the certification bodies under Article 76 of Legislative Decree 276 of 2003.

The draft decree emphasises the prohibition of retaliatory dismissal by the employer due to the worker’s legitimate complaints about the fulfilment of disclosure obligations.

If the worker appeals to the Employment Tribunal claiming to have suffered a dismissal or prejudicial treatment as retaliation following the exercise of the rights under the decree, the burden of proving that the dismissal or other measures were taken for reasons other than retaliation will fall on the employer.

Continue reading the full version published on Il Quotidiano del Lavoro of Il Sole 24 Ore.