Categories: Insights, Publications · News, Publications

Tag: Decreto trasparenza


1 Aug 2022

Transparency Decree changes “exclusivity clause” (Il Sole 24 Ore and Il Quotidiano del Lavoro of Il Sole 24 Ore, 1 August 2022 – Vittorio De Luca, Claudia Cerbone)

Chapter III of Legislative Decree 104/2022, implementing the European Transparency Directive 2019/1152, published in the “Official Gazette” 176 of 29 July and in force since 13 August, identified the minimum working conditions requirements. The first provision related to the probationary period maximum duration (Article 7), emphasises certain case law existing principles. The probationary period may not exceed six months unless the collective agreement applied to the relationship requires a shorter duration. The probationary period in fixed-term contracts must be proportionate to the contract duration, and the tasks assigned based on the employment type. If there is a contract renewal for the same tasks, a new probationary period may not be imposed.

If there are suspensions (such as illness, accident and compulsory leave), the probationary period duration is extended to a time equal to the employee’s absence.

One of the decree changes refers to the combination of jobs (Article 8), i.e., the better known “exclusivity clause” which entitled the employer to prohibit the employee from carrying out a different profession. For the first time, the decree forbids the employer (and the principal) from preventing the employee from carrying out another job outside the agreed working hours or treat them unfavourably for that reason. Exceptions can be applied if the second job is detrimental to the worker’s health and safety (including compliance with rest regulations) or does not guarantee the integrity of the public service or is in conflict of interest with the main job (but not in breach of the loyalty duty).

Another change concerns the minimum predictability of work (Article 9). The employer may not require the employee to perform work if working hours are not predetermined. The employee has the right to refuse to work, without suffering any prejudice, including disciplinary action.

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

Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

20 May 2026

Webinar “May 1st Decree: Key Updates and what’s New” –  HR Coffee with De Luca & Partners

On the occasion of our webinar “An HR Coffee with De Luca Partners,” the speakers Silvia Zulato, Senior Associate, and Alessandro Riccardo Polli from the Labour Consulting Division…

12 May 2026

Legitimate dismissal for false attendance reporting and misuse of access system data (Camera di Commercio Francese in Italia – Vittorio De Luca, Silvia Zulato)

With Order No. 7985 of 31 March 2026, the Italian Supreme Court – Labour Section – confirmed the lawfulness of a dismissal for just cause imposed on an…

30 Apr 2026

Webinar “Bonuses: What Do You Need to Know About Objectives?” – HR Coffee with De Luca & Partners

Yesterday, during our first webinar “HR Coffee with De Luca & Partners", the speakers Vittorio De Luca, Managing Partner, and Alessandra Zilla, Managing Associate at De Luca &…

27 Apr 2026

Management of corporate email after termination of employment: the Italian Data Protection Authority extends the right of access to all emails in the individual email account 

“An employee may access the messages in their corporate email account and the documents stored on their computer after the termination of employment. Any limitations must be justified by specific…

27 Apr 2026

Unemployment benefits and resignation following transfer beyond 50 km: distance alone is not sufficient, employer’s breach must be proven  

With order no. 10559 of 21 April 2026, the Italian Supreme Court addressed the issue of unemployment benefits (i.e. “NASpI”) in the context of resignations for just cause following…

27 Apr 2026

DID YOU KNOW THAT… the probationary period clause is null and void if the duties are described in generic terms? 

The Court of Milan, with judgment no. 683 of 3 April 2026, reaffirmed that a probationary clause (i.e. “patto di prova”) is valid only if it contains a specific indication of the duties subject to…